June 21, 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, Town Engineer Mr. Grunden, Assistant Town Engineer Mr. Glass, Captain Spencer, Town Attorney Mr. Kehoe and Town Planner Mr. Hamilton.

Also in attendance was Christopher Drummond, Esq., 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. Mayer. Mr. Mayer led those present in the Pledge of Allegiance.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the minutes of the June 7, 1999 meeting were unanimously approved as written.

Mr. Scott R. Jensen and Ms. Andrea C. Poe were present to address the Council regarding traffic on Goldsborough Street. Mr. Scott stated that he had purchased a house about nine months ago in Town and noticed the speeding traffic on Goldsborough Street. Mr. Scott stated that the noise is very loud from the speeding cars. He stated that he has witnessed many children crossing the street with a lot of near misses from traffic. He suggested a stop sign by Rails-to-trails. Mr. Jensen stated that he understood that this is a main road to get into Town from Route 50 but he was not sure if going through the Historic District at break neck speed was the right way.

Mr. Willey asked for questions. Mr. Willey stated that this will be addressed at the upcoming Police Board meeting on July 1.

Mr. Heinmuller asked if there was a pattern to the traffic concerns. Mr. Jensen stated that it was more prevalent in the evenings.

Capt. Spencer reported on the speeding and accident history in that area.

The President of the Council brought 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.

Mr. Ford stated that growth issues are an every increasing concern in Easton as well as in Talbot County. Mr. Ford stated that the heightened public concern about how we grow and how fast we grow is an essential and completely positive factor in determining what Easton and its environs will become in the future. Mr. Ford stated that he believes that the seeds for this enhanced public awareness were planted in the visioning process used to develop our Comprehensive Plan. Mr. Ford stated that people were encouraged to participate in that process and their input and comments were incorporated into the Plan that we adopted in 1997. Mr. Ford stated that it clearly supports this annexation and the residential use proposed for the property. He stated that it also supports the development of the collector road on the east side of Route 50, apart of which will run through this parcel. Mr. Ford stated that the collector road is intended to alleviate the stress from local traffic on Route 50. He stated that he intends to support this annexation but he also intends to try engage the State Highway Administration in discussions regarding the southern intersections of Route 322 and Route 50 similar to the discussions currently underway regarding the same intersection at the north end of Town. Mr. Ford stated that the site design does not have to and should not be left up to the developer alone. He stated that natural features should determine design. Mr. Ford stated that this property has extensive woods and wetlands, both of which should become enhancements of the final design of the development not food for the chainsaws and bulldozers. Mr. Ford stated that he supports this annexation and will support the efforts of the residents of South Beechwood to make this new development a suitable neighbor to their community.

Mr. Mayer stated that he understood that things come along as you develop the project. He advised the developer that these circumstances might cause the houses to be escalated in price and harder to sell.

Mr. Reed stated that he was fortunate with Mr. Ford to attend the Neighborhood Community meeting with the developer. Mr. Reed stated that the developer’s engineer stated that 40% of the property was wetlands and where the pit is. Mr. Reed questioned how many homes could be built on the site.

Mr. Otwell clarified that when he said that 40% of the site is wetlands and the pit, he meant that 40% of the wooded area is wetlands and the pit. He stated that a wetlands delineation has not been done yet. Mr. Otwell stated that all wetlands and a tree conservation plan will be taken into account. Mr. Otwell stated that this is not a perfect site and he could not guess how many homes could be built. Mr. Otwell stated that his job was to make sure the site was desirable with the environmental constraints. He stated that he does not anticipate a PUD amendment as the developer wants to get moving on this project and a PUD is a long, drawn out process.

Mr. Heinmuller stated that he is concerned with growth in that specific area and feels very uncomfortable with the planning and what has been offered. He stated that he would chose not to support the annexation or the R10A zoning.

Mr. Reed commented that he would like to include a letter from the Ethics Commission Chairman to be made part of the Town of Easton’s records. Mr. Reed stated that there was a question as to whether he is eligible to vote on the annexation request. Mr. Reed stated that he had received a letter from the Ethics Commission, which says that they feel that he should vote on the annexation request as long as he receives no monetary gains. Mr. Reed assured the Ethics Commission that he has received no monetary gains and stated that he will be voting on this issue.

Resolution No. 5654 was defeated by a roll call vote with Council members Mayer, Reed, Heinmuller and Willey voting no and Councilman Ford voting for the Resolution.

Ordinance No. 387 was brought to the floor by the President of the Council. Mr. Heinmuller made a motion to deny, seconded by Mr. Reed. Ordinance No. 387 was defeated by a roll call vote with Councilman Ford and Reed voting not to deny Ordinance 387.

The President of the Council brought Resolution No. 5669 to the floor. Resolution No. 5669 states that whereas certain budget expenditures in the current fiscal year will not be accomplished prior the fiscal year end; these budgeted expenditures are appropriate for classification as capital expenditures. Resolution No. 5669 authorizes the Town Clerk to make appropriate budget transfers. Mr. Mayer made a motion to approve Res. No. 5669, seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought Amended Resolution No. 5668, the budget resolution for the twelve-month period from July 1, 1999 to the floor. Mr. Ford made a motion to approve, seconded by Mr. Heinmuller and carried following a roll call vote.

Ordinance No. 393, "AN ORDINANCE TO PROVIDE FOR THE RAISING BY TAXATION THE AMOUNT NECESSARY TO PAY THE ORDINARY EXPENSES OF THE TOWN OF EASTON AND TO PROVIDE FOR THE PAYMENT OF INTEREST ON THE VARIOUS BOND ISSUES AND THE REDUCTION OF CERTAIN BONDS AND NOTES FOR THE PERIOD OF TWELVE MONTHS AND SETTING THE INTEREST AND PENALTY FOR DELINQUENT BILLS, COMMENCING ON JULY 1, 1999 AND ENDING JUNE 30, 2000" was brought to the floor by the President of the Council. Mr. Mayer made a motion to approve Ordinance No. 393, seconded by Mr. Heinmuller and carried unanimously following a roll call vote.

A letter was received from Mr. Joseph A. Gruber, P.E., with a copy of the Notice of Award and Contract Documents for Moton Park Restroom, Pavilion and Walking Track. Mr. Glass stated that this was for information purposes only and the Engineering Department expects work to begin in two weeks.

Mr. Mayer made a motion to approve invoices totaling $514,502.57 for payment, seconded by Mr. Heinmuller and carried unanimously.

Mr. Jeff Parks of the Easton Volunteer Fire Department, Inc. was present and stated he had nothing to report at this time.

Mr. Heinmuller asked how things went at the Maryland State Fireman’s Convention. Mr. Parks stated that the Convention was last week in Ocean City and he understood that there were fifty or more Easton members that attended. Mr. Parks stated that Easton Fire Department won several awards that he would report on later.

Mayor Butler thanked the Council for passing the fiscal year 1999/2000 Budget. The Mayor stated that a lot of hard work had gone into it.

The Mayor stated that he attended the Maryland State Fireman’s Convention in Ocean City.

Mr. Heinmuller congratulated the Mayor on the budget. The Mayor thanked Mr. Karge and the Town staff for their help.

Captain Spencer stated that Jerry’s Painting had requested a space at 1 N. Harrison Street for approximately one month while they are painting the business at that address. Capt. Spencer said with Council’s approval, they will put a bag on the parking meter there. Mr. Heinmuller moved approval, seconded by Mr. Mayer and carried.

Captain Spencer stated that the Easton Police Department had received a request for parking provisions on June 23 for a tree removal truck and a chipper for 28 S. Harrison Street. He stated that the waiver would be for one day to take the tree down safely. Mr. Mayer moved approval, seconded by Mr. Heinmuller and carried.

Mr. Mayer asked if the Easton Police Department had received a request from Easton Celebrations. Captain Spencer stated that they had and the details had been worked out. Capt. Spencer stated that the Council could act on this request during this meeting. Mr. Mayer detailed the street closings. Mr. Mayer stated that the last drive at Super Fresh on Glebe Road and the intersection at Wrightson Avenue and Glebe Road would be coned and blocked. Mr. Heinmuller made a motion to approve Easton Celebration’s request for street blockage for July 3, seconded by Mr. Ford and carried unanimously following a roll call vote. Mr. Mayer thanked the other Council members.

Mr. Grunden thanked the Council for their action on transferring to Capital some of the operating items that will not be completed by June 30. Mr. Grunden thanked the Council on the opportunity to be heard on the funding levels in the budget.

On the Utilities side, Mr. Grunden, the General Manager reported that they have entered into a one-year contract with Pennsylvania Power & Light for the preceding year, which started on June 1. Mr. Grunden stated that it is a favorable contract for Easton Utilities and more importantly for their customers.

Mr. Heinmuller stated that the intersection of Earle and Hanson has just been made a four-way stop which seems to be working and slowing traffic. Mr. Heinmuller said there is some confusion with the stop signs and asked if the signs could indicate that the intersection is a four-way stop. Mr. Grunden stated that a small sign will be placed below the stop signs indicating a four-way stop.

Mr. Heinmuller stated that at the last Council meeting, he indicated that he had the opportunity to see some of the Public Works vehicles in France and offered a gift of photos. Mr. Heinmuller presented photos to share with the Public Works Department.

The Town Attorney, Mr. Kehoe stated that he had received a telephone call from Mr. Hairston, Chair of the Easton Ethics Commission. Mr. Kehoe stated that Mr. Hairston has recommended that the Council consider amending the Easton Ethics Laws to require disclosure of campaign contributions to the Ethics Commission relative to the State Elections Laws might be the easiest way to approach for formatting. The consensus of the Council was for the Town Attorney to proceed with these revisions.

The Town Attorney stated that the next matter he wanted to bring before the Council was the letter the Council had received from the Easton Planning and Zoning Commission with regards to Mr. Ford’s request to the Planning and Zoning Commission for them to look at the possibility of a moratorium on big box retail applications. The Town Attorney stated that the letter was the result of three workshops that the Planning and Zoning Commission held on this issue. Mr. Kehoe stated that the letter speaks for itself although he would like to talk to the Council regarding scheduling alternatives. The Town Attorney stated that several issues need to be addressed in the Zoning Ordinance. He suggested scheduling a public hearing to consider adopting regulations together with regulations discussed previously concerning the ramifications of the Court of Appeals decision on the Bucktail vs. Talbot County case clarifying many procedures in the Town. Mr. Kehoe stated that perhaps a public hearing could be held on July 19 to consider amendments to the Zoning Ordinance. The Town Attorney stated that he would speak to the Town Planner and the Planning Commission.

The President of the Council suggested July 19 for the Zoning Amendment Public Hearing and August 2 for the Moratorium Public Hearing. The Town Attorney stated that this is a tentative schedule and he will verify with the Planning Commission.

Mr. Willey asked for audience comments.

Mr. Greg Gannon addressed a question to the Town Engineer concerning the traffic report the Town’s consultants are going to do on Rt. 322 and Rt. 50. Mr. Grunden stated that JMT had been brought on board. The Town Engineer stated that the Engineering Department is working through the process with State Highway Administration and putting JMT in the position of looking over what develops from those meetings. Mr. Grunden stated that the traffic consultant is not doing a full-blown traffic study but instead, they are using the traffic consultant to bounce these plans off of as they come out of the State Highway Administration.

Mr. Dickie Barrow addressed the Council on the Old Tyme Fourth of July activities. He stated that the first part of this year’s fireworks will be choreographed with the United States Navy. Mr. Barrow stated that two live remote TV and radio stations would be present. Mr. Barrow stated that the millenium’s activities will be full blown next year.

Mr. Jim Latham addressed the Council on the annexation that had been denied this evening. Mr. Latham stated that the County will now have control on the growth and zoning of the property.

Mr. Mayer stated that this was one of the toughest budgets he has had to work with. He stated that some of the things people wanted did not get accomplished. Mr. Mayer congratulated the Mayor on trying very hard on making it all work the best he could.

Mr. Heinmuller stated that many of the things done this year under this year’s budget have been supplemented and helped by volunteers to make it a better place to live. Mr. Heinmuller commented on what Easton Celebrations brings to the Town of Easton. Mr. Heinmuller encouraged volunteers to continue and look for ways to help the Town of Easton become better.

Mr. Willey stated that the next meeting will be Monday, July 12 due to the July 4 holiday.

At 7:50 P.M., Mr. Mayer made a motion to adjourn, seconded by Mr. Reed and carried.

At 8:00 P.M., the Town Attorney stated that Mr. Willey had pointed out to him that with regard to Resolution No. 5654, the annexation resolution, although four of the five members indicated they were not in favor of the Resolution, there was no formal motion to vote against it.

At the Town Attorney’s suggestion, the President of the Council re-convened the July 21 meeting at 8:01 P.M. for the technical purpose of having a formal motion and re-enacting the vote so there is no procedural questions.

Mr. Mayer made a motion not to pass Resolution No. 5654, seconded by Mr. Reed and carried following a roll vote with Mr. Ford voting no on the motion to deny and Mr. Mayer, Mr. Reed, Mr. Heinmuller and Mr. Willey voting yes, for the motion to deny.

The Mayor stated that the Easton Celebrations Committee had contacted him and asked him if the Town could bear the expense of the officer’s on duty. Mr. Barrow stated that Easton Celebrations would pay this expense and asked that the Mayor consider reimbursement. This matter was referred to the Police Board.

The President of the Council adjourned the meeting at 8:10 P.M.

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Richard T. Warfield for Town Clerk