June 7, 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, Mr. Reed and Mr. Heinmuller. Also attending the meeting were Mayor C. Eugene Butler, Assistant Town Engineer Mr. Glass, Chief of Police George Harvey, Assistant Town Attorney Mr. S. Kehoe and Town Planner Mr. Hamilton.

Also in attendance was Mr. Christopher Drummond, representing the Town of Easton on the annexation request of certain lands owned by Sherri Talbot, Yvonne D. Hoffman, Trustee and the North American Snake Institute, Inc.

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

Upon motion by Mr. Mayer, seconded by Mr. Ford, the minutes of the May 17, 1999 meeting were approved with a correction as outlined by Mr. Ford.

A letter was received from the Planning and Zoning Chair regarding an application to their amendment to William Hill Manor CM Retirement Community to be improved with an additional cottage building on the property.

Bruce C. Armistead, Esq. representing the applicant was present and stated that this parcel is part of the Chadwick Condominium. He stated that all of the residents of the Condominium Association are in favor of this proposal. Mr. Armistead stated that the Planning Commission stipulated that no use could inhabit the structure unless it was affiliated with William Hill Manor.

The President of the Council asked for questions.

The Council unanimously approved the CM amendment as recommended by the Planning and Zoning Commission without a public hearing.

A letter was received from the Talbot County American Heart Association requesting permission to place an event banner at the Talbottown Shopping Center above Lanham-Merida Gallery. Mr. Heinmuller stated that he has been associated with this since its inception and moved approval, seconded by Mr. Mayer and carried unanimously.

A letter was received from Ms. Ruth Gatto, Librarian, Christian Science Reading Room concerning parking issues. The President of the Council referred this matter to the Traffic and Parking Commission for a recommendation.

The President of the Council brought Ordinance No. 391, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE CODE OF THE TOWN OF EASTON BY ADDING CHAPTER 18, SECTION 16 WHICH PROHIBITS CERTAIN FORMS OF AGGRESSIVE SOLICITATION AND PROVIDES FOR PENALTIES FOR VIOLATION OF SUCH" to the floor.

Assistant Town Attorney Kehoe outlined the proposed Ordinance.

Mr. Mayer moved Ordinance No. 391, seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought Ordinance No. 394, "AN ORDINANCE OF THE TOWN OF EASTON GRANTING THE APPLICATION OF RITA S. PETITT FOR A PLANNED UNIT DEVELOPMENT UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE" to the floor. The President of the Council asked the Council if there were any questions.

Mr. Heinmuller commented that this may allow homeownership and moved Ordinance No. 394 for passage, seconded by Mr. Mayer.

Mr. Ford stated that 100% homeownership should occur and that is the reason this is being looked at.

Ordinance No. 394 was 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 Sherri Talbot, Yvonne D. Hoffman Trustee and N. American Snake Institute, Inc. for annexation of 52 acres of land located east of US Route 50 south of Beechwood subdivision. Mr. Willey stated that this is a continuation of the April 19 Public Hearing.

Christopher F. Drummond, Esq. was present representing the Town due to a possible conflict by the Town Attorney. Mr. Drummond stated that the Public Hearing had been continued in order to satisfy a few technical requirements of Article 19 of the Annotated Code. He stated that public comments which had been heard April 19 would be included in the Public Hearing records and that it would not be necessary to be heard again for the Council’s consideration. Mr. Drummond asked the applicant’s attorney to refresh everyone’s memory on the particulars of the application.

Michael L. Pullen, Esq. representing the applicant was present and asked that personal interests be put aside and assess this issue in terms of what is best for Easton as a town. Mr. Pullen stated that the proposed annexation is shown on the Comprehensive Plan as future residential development. Mr. Pullen stated that the proposed annexation also requests that the current zoning be changed from agriculture to R-10A which is consistent with the Comprehensive Plan. Mr. Pullen stated that to the right of the proposed annexation, there is a conceptual road which he will refer to as the Easton major collector road, which starts at the north end of Town and crosses Matthewstown Run, Dover Road and will come through and connect at the south end of Town. He stated that the concept would be toward the rear of a parcel. Mr. Pullen stated that this is an integral part of traffic flow for the Town and has been well thought out. Mr. Pullen stated that the proposed annexation is adjacent to the existing Town boundary in south Easton. Mr. Pullen stated that a meeting has been proposed for the developer and the South Beechwood Community Association. Mr. Pullen reviewed the Town of Easton’s growth percentage for residential housing.

Mr. Heinmuller asked Mr. Otwell if he had the opportunity to look at the pit on the proposed annexation property. Mr. Otwell stated that he did not foresee any problem that could not be resolved by grating. Mr. Otwell stated that there would be no storm water management problems to the adjacent property.

Mr. Mayer asked if the pit had been measured. He stated that it had not but it had been surveyed. Mr. Otwell stated that the site will be grated and dealt with and is not a big problem. Mr. Otwell stated that if this site is part of wetlands, it will be protected.

The President of the Council opened the floor for public comments. He asked that comments be limited to three to five minutes.

Mary Ellen Larrimore, 29319 Pin Oak Way, South Beechwood stated that she is a registered voter that voted in the last election and is here to speak on behalf of the South Beechwood Community Association. She relayed appreciation to the officials for their involvement in Town government. She asked the Council members to vote the voices that are heard and vote on behalf of citizens. Ms. Larrimore stated that elected representatives should represent. She stated that there are approximately 2000 homes currently under construction or planned as well as existing advertised properties for sale. She asked for answers that neighboring property owners have on the proposed annexation site regarding the open pit, the effect this could have on existing homes in South Beechwood, mounds of dirt that may be on the property, the wetlands area, the trees that provide beauty and privacy that are currently on the property. She stated that South Beechwood’s covenant prohibits removal of trees unless they are damaged and then she stated they must be replaced. She asked about long term drainage problems that have not been resolved on Spruce Place. She questioned how long Easton’s ALS, schools, medical community, fire company, police department and roads adequately support additional annexation. Ms. Larrimore questioned the Governor’s Smart Growth Initiative. Ms. Larrimore stated that Tom Hamilton had attended the South Beechwood Community Association’s meeting and explained the collector road. She asked how soon something like this could be a reality. Ms. Larrimore stated that she has addressed the Council numerous times regarding the single ingress and egress situation at South Beechwood. She outlined the traffic concerns already taking place in the area. Ms. Larrimore stated that it took a serious school bus accident to finally get rumble strips and overhead flashing light and reduced speeds, which Ms. Larrimore stated, has not slowed down traffic. Ms Larrimore questioned how big the Town of Easton wants to be and how big the Town of Easton needs to be. She suggested reviewing the Comprehensive Plan and suggested the Planning and Zoning Commission hold evening meetings so the working force can attend. Ms. Larrimore stated dense housing, sprawl along with big boxes do not improve the quality of a lifestyle or region. Ms. Larrimore thanked the Council.

Mr. Chivey Wieland stated that he lived in Beechwood between 1972 and 1976 and stated that if they had turned the key in 1976, South Beechwood would never exist. Mr. Wieland stated that this annexation offers a natural extension to the city limits. He stated there is access to Route 50. Mr. Wieland stated that the houses will be consistent with the houses located in South Beechwood with the same income level. Mr. Wieland stated that if it is not annexed, it will create an island. He stated that this annexation will provide houses for the working class. Mr. Wieland stated that residents are already encroaching on the annexation site with swing sets and hoses. Mr. Wieland asked if residents would prefer chicken houses or a development. Mr. Wieland stated that he believed this development would actually improve property values. Mr. Wieland stated that he did not think you should shut other people out from moving into the community.

Mr. Chris Davis, S. Beechwood Community Association, stated that his next door neighbor built an addition two years ago. His neighbor’s property, after a rain, was flooded from the Hoffman’s property draining onto his property with ducks sitting in a pond. Mr. Davis stated that the ditch on this property is well over 20 feet deep and someone should decide if the property will be developed or only the front end of the property. He stated that if annexations continue to occur, Easton Celebrations will no longer have land to set off fireworks.

Mr. Ernest Strickland, resident of South Beechwood, stated that there was a street problem but it had been resolved. Mr. Strickland stated that he is in favor of the annexation. He stated that no one voiced his or her opinion when the church bought land. Mr. Strickland stated that the opinion of the S. Beechwood Association was not that of all of the residents. He stated that he is glad to be at the Council meeting and glad to be able to speak. Mr. Strickland stated that the Town of Easton does need more homes. He stated that the developer proposing the development does have some nice looking homes. Mr. Strickland stated that he did agree that the swamp does need to be taken care of. Mr. Strickland stated that he would like to see the property developed. He thanked the Council.

Ms. Mary Ellen Larrimore clarified that she had been elected Vice President last fall of South Beechwood Association and due to Mr. Reed’s position on the Town Council, she got the job as President by default, not because she ran for it.

Mr. Bill Elliott, 29251 Pin Oak Way, stated that a man’s home is his castle. He stated that the back of his land adjoins the old sandpit. He stated that progress is hard to stop but he knows that some things are inevitable. His main concern was the depth changes and he hoped all that will be taken into consideration. Mr. Elliott wished everyone well.

Mr. Perry Otwell stated that he had one last comment regarding the pit. He stated that the Town scrutinizes the plans during the planning and sub-division process. Mr. Otwell stated that the Town of Easton is a top-notch organization. Mr. Otwell stated that the Town of Easton is not going to allow anything that will adversely impact the adjacent neighbors or be a problem for the current neighbors. Mr. Otwell stated that this is just the first stage. Mr. Otwell stated that they are looking forward to working with the Town in the planning process. He thanked the Council.

Mr. Ford stated that the vote on this issue could be postponed until comments had been received from the South Beechwood Community Association and the developer meeting. Mr. Ford stated that it would help the Council make a decision.

Mr. Drummond stated that there are some questions about the annexation plat and Mr. Ford would be obliged not to vote yet.

Mr. Ford wants to get citizens involved especially with the growth concerns in this town right now.

Mr. Willey stated that he would leave the Public Hearing open for a week and would not vote until at least the next meeting, especially since there are some issues that need to be taken care of. Mr. Willey also asked Mr. Pullen that a meeting try to be scheduled for the Homeowner’s Association, the developer and available members of the Council.

Mr. Drummond advised the Council if a quorum were present, it would constitute an open meeting and if they were able to attend, not to engage in any decision-making.

Mr. Heinmuller stated that the meeting could be beneficial for all parties involved. He suggested not waiting an ordinate amount of time.

Mr. Mayer stated that he wanted more details on the pit. He stated that these are answers that they need to know.

Mr. Willey closed the Public Hearing at 8:05 P.M. He stated that the request for annexation would be carried over to the next meeting for a possible vote.

At 8:05 P.M., the President of the Council opened the Public Hearing on the Fiscal Year 1999-2000 Budget and the Constant Yield Tax Rate.

Mr. Heinmuller asked that Ordinance No. 393 be amended to read one hundred thirty thousand dollars instead of one hundred thirty dollars.

Mayor C. Eugene Butler stated that he is pleased to present a balanced budget as required by the Town’s Charter for the Council’s consideration. The Mayor stated that the General Fund budget totals $8,195,715 that is 12.8% larger that last year. The Mayor stated that this amount is the largest Town of Easton budget proposed and is based on the best and most reasonable estimates available for expected funding to serve the citizens of the Town of Easton.

The Mayor stated that he proposes that the tax rate remain the same, $1.00 per hundred of assessed value. He stated that we have been fortunate to keep this rate due to careful controls of expenditures. The Mayor stated that the Council has joined with him in increasing the tax exempt portion of the commercial inventory from 60% to 80% effective for the fiscal year 1999/2000. The Mayor stated that a discount of 3% has been allowed for real estate tax payments made within the first thirty days of billing dates.

The Mayor briefed on the proposed budget and displayed overview projections with departmental breakdowns. He stated that this budget recognizes that our most valuable resource is our personnel.

The Mayor stated that this had been a difficult budget to prepare. He asked for the Council’s approval and thanked the Town Clerk for his assistance.

The Mayor asked for questions from the Council.

The President of the Council asked for audience questions.

Ms. Sharon Goebel, Chamber of Commerce Government and Regulative Committee addressed the Council regarding the continuation of the three-year phase out of the commercial inventory. The President of the Council stated that it was included.

The President of the Council brought Resolution No. 5668, Budget Resolution for Fiscal Year 1999/2000 to the floor for a first reading.

The President of the Council asked the Town Clerk to explain the Constant Yield Tax Rate. The Town Clerk stated that the Constant Yield Tax Rate is calculated by the State of Maryland and stated that the Mayor had elected for the tax rate to remain the same at $1.00 per hundred which is the same as it has been since 1954. The Town Clerk stated that in order to comply with the Constant Yield Tax Rate Law, the Town would have to decrease taxes by $.03 per hundred dollars of assessment with the result in decrease in revenue and available expenditures.

The President of the Council introduced Ordinance No. 393, 1999/2000 Taxation Ordinance for a first reading and stated that it will be voted on during the June 21 meeting.

The President of the Council closed the Public Hearing at 8:20 P.M.

The Assistant Town Engineer stated that the Engineer’s office has been entertaining bids for the construction of a restroom facility, a walking track and an outside pavilion for Moton Park. He stated that the compilation of bids received is in front of the Council tonight.

The President of the Council asked for questions.

Mr. Ford asked when the bid would be awarded and construction begin. Mr. Glass stated that the next course of action would be for the Park Board to approve awarding one of these contracts. At that time, the Engineer’s office will award the bid and have construction begin.

Mr. Sampson, Chairman of the Park Board, stated that a recommendation would be before the Council by the next meeting.

Ms. Marion Blake, Secretary of the Westside Association, addressed the Council regarding the action of the Park Board. Mr. Willey stated that the Park Board is in charge of the operation of the parks. Ms. Blake asked for clarification on whom to go to if there is a problem with a park. Mr. Willey stated that the general rule is that the Park Board comes up with the facilities needed and presents it to the Council. Ms. Blake stated that she was concerned with the lack of development of Moton Park.

Mr. Otis Sampson, Chairman for the Park Board addressed the Council regarding the responsibility of the Park Board. He stated that there seemed to be a communications issue with the Director of Parks and Recreation and the Engineering Department that seemed to be holding things up. Mr. Sampson stated that the water fountain is working.

Mr. Walter Chase, President of the West Side Association was present and discussed the improvements at Moton Park. Mr. Chase stated that he had attended the recent Park Board meeting and Park Board members had also recited their frustration. Mr. Sampson stated that he felt that most of these issues were related to lack of communication. He assured those present that Moton Park is being considered for improvements.

The President of the Council stated that the Council depends on the Park Board to tell them what is needed.

Mr. Sampson stated that the water fountain in Moton Park is now working and he had showed this to (ret.) Col. Chase today.

Mr. Bill Blake, West Side Association, addressed the Council regarding the history of Moton Park.

Ms. Carolyn Jaffe stated that she was Chair of Safe Night USA that was recently held in Moton Park and the Community pool last Saturday night. She asked that the Park Board and Council try to coordinate a vote for the improvements before their next scheduled meetings.

The Mayor stated that improvements had been made to Moton Park. A basketball court, a play area for the kids and the water fountain had been installed.

Mr. Heinmuller reviewed the history of the Park Board as related to this Council.

Ms. Ruth Donnelly stated that she is new to Maryland and has been a volunteer at the Dobson School, which isn’t far from Moton Park. She stated that the children need the amenities now for health reasons.

The President of the Council declared a ten-minute recess.

At 8:47 P.M., the President of the Council called the meeting back to order.

The Assistant Town Engineer stated that in reviewing the utilization of Parking Lot No. 5, their department saw no problem in EBMA using the parking lot for Wednesday nights Farmer’s Market sales. He recommended that the lot being posted on Wednesday mornings notifying the public that there would be no parking on those evenings. The Chief stated that his department was in favor of the Wednesday sales.

Mr. Mayer moved approval for the second night Farmer’s Market sales, seconded by Mr. Ford and carried unanimously.

The President of the Council moved the regularly scheduled meeting for July 5 to July 12 due to the observation of Independence Day.

The President of the Council scheduled the Public Hearing for the proposed moratorium for July 12 at 7:15 P.M.

The President of the Council reminded the Council of an upcoming Planning and Zoning meeting on June 15 at 4:30 P.M.

There was no report from the Easton Volunteer Fire Department, Inc.

The Mayor stated that he would like to recommend the appointment of Mr. John General to the MCTV Board. During the recent MCTV election, Mr. General had been elected President contingent on the Council’s approval. Mr. Ford moved approval, seconded by Mr. Mayer and carried unanimously.

The Mayor stated that he was looking forward to the Police Department graduation ceremony in Salisbury tomorrow.

Chief Harvey stated that he had received a request for a waiver on the two-hour parking limit near the Academy of the Arts for Thursday, June 24 through Saturday, June 27 so vendors can unload their wares. He stated that they have authorized a parking permit for vendors to display. The Chief stated that the Police Department supports the charity and they see no impact in that area. Mr. Heinmuller moved approval of the parking waiver, seconded by Mr. Mayer and carried unanimously.

Chief Harvey stated that he had a request for a placement of a dumpster at 28 S. Harrison Street to dispose of renovation debris. He stated that the dumpster will be in place June 14, 1999 for a period not to exceed four weeks. Mr. Mayer made a motion to approve the request, seconded by Mr. Reed and carried unanimously.

Chief Harvey stated that tomorrow the Easton Police Department will graduate four recruits from Wor-Wic Academy. He said after this, the Easton Police Department will be fully staffed. Chief Harvey stated that these recruits had finished in the top four spots of the class.

Chief Harvey reported that the first police department auction had been held last Saturday. He stated that they had gotten rid of all items in storage with the exception of one ring.

The Chief stated that the auction grossed $1,591.

The Chief reported that two Chevy Caprice rehab cars are ready to be delivered. He will make these cars available at the next Town meeting.

Mr. Ford stated that a letter had been received from Mr. Scott R. Jensen and Ms. Andrea C. Poe regarding traffic on Goldsborough Street. Mr. Ford asked that the Chief and Town Engineer receive a copy of this letter.

Mr. Glass, Assistant Town Engineer reported that the Engineer’s office has been working with Mr. Reed to get a crossover at Holly Road and Route 50. Mr. Glass stated that he had been in conversation with the Immanuel Lutheran Church and they would like to participate in re-configuring traffic patterns at that location. Mr. Glass stated that he has been informed that this request is in the State Highway Administration’s District office for funding approval.

Mr. Glass stated that Mr. Hamilton and himself had attended a State Highway Administration meeting today to discuss some traffic patterns in North Easton. Mr. Glass stated that some proposals on the table were not as advantageous as they thought. He stated that he had a successful meeting and he was looking forward to seeing some of the ideas on paper regardless of what kind of development occurs in that area.

Mr. Glass requests citizens patience with work being done on the blocks of Higgins and Pennsylvania Avenue. Mr. Glass stated that new curb and concrete as well as installing some storm drains will be put in place.

Mr. Glass asked the Council to direct any questions on the budget to Mr. Grunden or himself.

Mr. Glass stated that the Consolidated Office Building is starting to come up out of the ground. He stated that all of the piles have been driven and the concrete is scheduled to be poured this week.

The President of the Council asked the status on the request for a light at Dutchman’s and Route 50. Mr. Willey asked that the State Highway Administration be sent another letter with this request.

The Town Planner stated that approval had been granted for banners at the YMCA for the upcoming tennis tournament. He reviewed the approval process for special events.

The President of the Council asked the Assistant Town Attorney if an update could be included during the next Council meeting regarding the Kennedy Street annexation.

Mr. Heinmuller reported on his recent trip to France.

The President of the Council reviewed the Council’s calendar.

The President of the Council reminded the Council that they should ask for clarification on any budget questions before the next Council meeting.

Ms. Carolyn Jaffe reported on Safe Night Out. She thanked Mr. Ford and Mr. Heinmuller in assisting. Ms. Jaffe stated that there were approximately 150 to 200 participants. She felt it was a great community event and very successful with the children. Ms. Jaffe is hoping for the same participation in August when Night Out Against Crime is scheduled. She thanked everyone that helped.

Mr. Mayer made a motion to adjourn, seconded by Mr. Ford and carried unanimously.

___________________________________

Town Clerk