March 20, 2000

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. Glass, Chief of Police Mr. Harvey, Town Planner Mr. Hamilton, Assistant Town Planner Mr. Thomas and Town Attorney Mr. Kehoe.

Mr. Heinmuller opened the meeting with prayer. He led those present in the Pledge of Allegiance.

Mr. Mayer made a motion to approve the minutes of the March 6, 2000 meeting as written, seconded by Mr. Ford and carried unanimously.

Mr. Dicky Barrow, President, Easton Celebrations was present to update the Council on July 4^th activities. He stated that the fireworks display will be at the Dudrow farm with ten finales at one time. Mr. Barrow stated that every year at the end of the fireworks they play "God Bless the USA" by Lee Greenwood. He stated that this year Lee Greenwood will be at the fireworks in person for a ninety-minute show. Mr. Barrow stated that they expect 10,000 or more people for a rain or shine show.

Mr. Mayer stated that it will be at the VFW grounds as usual with carnival rides and booths from numerous organizations.

Mr. Henry Purdy was present and recognized by Mayor Butler with a Proclamation for outstanding years of service to the Town of Easton.

Mr. Gary Strang, Assistant, was present on behalf of Mr. Mitch Cornwell to introduce Cub Scouts Weblo Den Pack 190. He stated that this is the oldest Den in Easton and the boys are present tonight to learn about local government.

Mr. Mayer presented a proclamation to Weblo Den Pack 190. He invited the Scouts to stay for the meeting.

Ms. Ann Howard, President, EBMA was present to update the Council on Shut the Town Down Day. She discussed findings from the conference. She stated that the attendees came up with almost 100 ideas. She asked for questions.

Mr. Ford questioned the statement regarding the lack of collective vision for what the town should look like. Ms. Howard stated that she felt that was because the Comprehensive Plan is not understood.

Ms. Howard stated that the report is available via the web or a printed copy can be obtained from EBMA for a minimal cost.

Ms. Rose Miles was present to address the Council regarding National Police Officer Week Memorial Tree. She stated that every year for the past four years the tree on Dover Street has been decorated in memory of the fallen officers. Ms. Miles asked permission to continue the tradition on May 13 at 2:00 P.M. She asked for assistance from Easton Utilities to get to the top of the tree.

Mr. Mayer questioned if Easton Utilities can be of assistance. Mr. Glass answered in the affirmative. Mr. Mayer moved permission to decorate the tree May 13 at 2:00 P.M., seconded by Mr. Reed and carried.

At 7:35 P.M., the President of the Council, Mr. Willey, opened the public hearing to discuss proposed amendments to the Town’s Zoning Ordinance to 1) revise Section 608.4, Miscellaneous Uses, 2) add a new definition to Article IV for "Commercial Vehicles" and 3) Revise Section 510.3C(2) to allow proposed PUD projects in "C" zones to consider "all permitted and and Special Exception commercial uses…"

The Town Planner discussed the proposed amendments and offered a new amendment. Mr. Hamilton proposed new language for corner lots as well as lots with alleys for storage. He discussed the variance process for unique situations. Mr. Hamilton defined storage. He stated that this only concerns open storage.

The Town Planner discussed the prohibition of commercial vehicles in residential zoned lots.

The Town Planner discussed revising Section 510.3C(2) to allow proposed projects in "C" zones to consider "all permitted and Special Exception commercial uses. The Town Attorney stated that the new language is to correct a mistake.

The President of the Council opened the public hearing for the audience for comments and questions.

Mr. Ron McCarty, Golton, stated that he is the one being referred to as having a corner lot. He stated that his boat is not blocking anyone’s view as it is behind the setbacks by several feet. He asked the Council to consider that residents with corner lots are being discriminated against versus residents with front facing lots.

Ms. Mollie Faulkner stated that she is a resident of Rest Circle in Easton but is also a business owner within the town limits. She discussed the vehicles used for their business. She asked that the amendment state that vehicles not be allowed in open storage.

Mr. Richard Conti, Hawkes Hill Road, stated that he is speaking against the proposed change in the current ordinance, which restricts the storage of boats and recreational vehicles to "the rear yard only." He stated that this is a community with easy access to water.

Chief Harvey discussed a memo from Captain Blue regarding commercial vehicles. He asked that the definition of commercial vehicles be revisited.

The President of the Council closed the public hearing at 8:03 P.M. He stated that the public record would be kept open until 4:00 P.M. Friday.

The President of the Council brought Resolution No. 5681, "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 THIRTY-ONE AND ONE QUARTER (31.25) ACRES OF LAND, MORE OR LESS TO THE TOWN OF EASTON AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF ANNEXATIONS" to the floor.

The President of the Council discussed the written correspondence received.

Mr. Reed stated that he was surprised during the public hearing that Mr. Wood stated that the property next to this on the south side might also be developed at some time. He stated that some of the residents of South Beechwood have concerns regarding the prices of the houses to be built.

Mr. Wood stated that from the beginning they were trying to eliminate environmental factors from their first request for annexation. He stated that they have done some research on nearby property values.

Mr. Ford made a motion for passage of Resolution No. 5681 seconded by Mr. Mayer.

Mr. Ford stated that he was extremely disappointed that the two sides, the applicant and the South Beechwood community did not get together to discuss their plan. He stated that if the community is going to grow in a managed manner, that type of communication must take place. Mr. Ford stated that the second issue he would like to comment on is the support of the Comprehensive Plan for this applicant. He stated that it is undeniable that the Comprehensive Plan supports this particular parcel for residential growth but the way the town has developed and grown in the last 20 years does not work anymore. Mr. Ford read from page 30 from the Comprehensive Plan, which outlined why he thinks the Comprehensive Plan does not support this application. He stated that residential developments need to provide amenities on site that improve the quality of life for the people they intend to have live there. Mr. Ford stated that this plan does not do this. He stated that it has no useable recreational space and an isolated pocket of development. Mr. Ford stated that anyone that lives there, has to get in the car, get on Route 50 and drive to their destination. Mr. Ford explained that natural features should determine the design. Mr. Ford encouraged the applicant and the Beechwood community to work together. He stated that he would not support this.

Mr. Ford, Mr. Mayer, Mr. Reed and Mr. Heinmuller voted against the application. Mr. Heinmuller stated that the proposed contract developers and the builders had done a much better job than the first attempt. Mr. Heinmuller stated that he felt that the annexation is inappropriate for residential use in this density in this price range. Mr. Willey stated that he felt the project as proposed this time was much better. Mr. Willey stated that he felt the traffic concerns of the Beechwood community could be addressed. He stated that he would vote for the annexation but at four to one, the resolution is defeated following a roll call vote.

The President of the Council stated that Ordinance No. 400 is not necessary due to Resolution No. 5681 being defeated.

The President of the Council brought Resolution No. 5694 authorizing the Town Clerk to abate and/or refund taxes due totaling $5,799.70 to the floor. Mr. Mayer made a motion to move Resolution No. 5694 seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought to the floor Resolution No. 5696, "A RESOLUTION OF THE TOWN OF EASTON APPROVING A REQUEST OF THE EASTON UTILITIES COMMISSION FOR A REVISION OF THE RATE CHARGES BY THE COMMISSION FOR GAS SERVICE." Mr. Mayer moved Resolution No. 5696 seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought to the floor Resolution No. 5697, "A RESOLUTION OF THE TOWN OF EASTON APPROVING A REQUEST OF THE EASTON UTILITIES COMMISSION FOR A REVISION OF THE RATE CHARGES BY THE COMMISSION FOR CABLE SERVICE." Mr. Mayer made a motion to move Resolution No. 5697 for passage seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council introduced Ordinance No. 406, "AN ORDINANCE OF THE TOWN OF EASTON REPEALING AND REENACTING WITH AMENDMENTS SECTION 6.1 OF THE STORMWATER MANAGEMENT ORDINANCE OF THE TOWN OF EASTON."

The Town Attorney stated that the proposed amendment is intended to put into effect, one of the recommendations made by the Planning Commission and the Talbot River Protection Alliance. He stated that they recommended that the town’s stormwater surface water management program should be looked at with an eye towards enhancing the quality of the water which runs off from the town’s stormwater system and eventually into the Chesapeake Bay. The Town Attorney stated that this imposes stricter regulations on the planning and permitting end of the process which people are already familiar with dealing with. He stated that this will allow us to require stricter standards from builders and developers in the future.

The Town Planner stated that this is an amendment to the Stormwater Management Ordinance. He stated that the Town Engineer is the enforcer and the Planning and Zoning Commission does not make changes to that. The Town Planner explained that when a project comes into the town it has to be reviewed for several reasons. One reason is the site plan and one is the stormwater management, which is not under the purview of the Planning and Zoning Commission at all. The Town Attorney stated that this is a recommendation that came from the Planning and Zoning Commission from the moratorium process.

The President of the Council brought Ordinance No. 407, "AN ORDINANCE GRANTING THE APPLICATION OF WILLIAM AND SUE GALLAGHER FOR A PLANNED REDEVELOPMENT DISTRICT PROJECT TO SUBDIVIDE AND REDEVELOP PROPERTY OWNED BY THEM LOCATED IN THE TOWN OF EASTON" to the floor.

Mr. Ford moved Ordinance No. 407 for passage seconded by Mr. Mayer and carried unanimously following a roll call vote.

It was the consensus of the Council that the Ruff Express Findings of Fact were fine.

Mr. Ford moved that the Findings of Fact for Ruff Express, Inc. be approved as written seconded by Mr. Mayer and carried unanimously following a roll call vote.

The President of the Council brought to the floor a resolution of the Easton Planning and Zoning Commission approving an amendment to the Easton Comprehensive Plan and recommending the amendment to the Easton Town Council for its consideration.

The Town Attorney stated that this was another outgrowth of the moratorium process. He stated that the Planning Commission has met extensively and held public workshops and hearings for changes to the Town’s Comprehensive Plan resulting from the moratorium process. He stated that the changes have to do with making the wording simpler and clearer to avoid possible conflicting language in various sections.

The Council’s consensus was to hold a public hearing for public comments. The President of the Council set the Public Hearing for May 1 at 7:15 P.M.

The President of the Council brought a memo to the floor from the Assistant Town Planner regarding proposed Comprehensive Plan amendments.

The Assistant Town Planner stated that it explains the purpose of the amendments as recommended by the Planning Commission. He stated that it outlines the options.

The President of the Council brought a letter from Mr. Robert L. Witkosky, President, Tidewater Stamp Club requesting the waiver of the Firehouse room fees during their Annual Stamp Show to be held April 29.

Mr. Mayer stated that this has been done every year and he would like to continue and waive the fees. Mr. Heinmuller seconded permission to waive the fees. The permission to waive the fees at the Firehouse for the Annual Stamp show was carried unanimously.

The President of the Council stated that the Council needs to approve the placement of the S.A.V.E. Peace Pole at Thompson Park. Mr. Ford stated that S.A.V.E. stands for Students Against Violence Everywhere. He stated that there is one placed at the YMCA and is about 6’ tall. Mr. Ford moved for passage.

Mr. Bruce Butler was present and stated that the S.A.V.E. program decided to have a Peace Week and wanted to present this Peace Pole to the citizens of Talbot County. He stated that they had approached the County Council and they decided that the Courthouse lawn might not be appropriate so they asked them to seek another location. Through that recommendation, Mr. Butler stated that they went to the Town’s Park and Recreation Department and received approval to have the pole erected at Thompson Park. Mr. Butler stated that the pole they have is larger than the one at the YMCA. He stated that it is an eight-foot hexagonal pole that is very attractive. He stated that it is currently at White Marsh school and that it has been traveling around the county since the Peace Week concluded at the Avalon on January 22. Mr. Butler stated that the program is funded by the Governor’s Office of Crime Control and Prevention by a three-year grant. He stated that they are seeing some behavioral changes at the high schools and they are please to have the program in the county. Mr. Butler stated that a tentative date of May 6 has been scheduled to have the Peace Pole dedicated with a multi-cultural festival around the pole in Thompson Park. He stated that they are willing to have the pole erected and engage a license contractor for the work.

Mr. Heinmuller asked for clarification on the size. Mr. Butler stated that it is about eight feet tall and about eight inches in diameter.

Mr. Mayer made a motion to grant permission to erect the P.E.A.C.E. Pole, seconded by Mr. Ford. The motion was carried unanimously.

The Mayor suggested getting the Park Board and the Town Engineer involved with picking a location for the Peace Pole.

The President of the Council stated that a request had been received from the Easton Volunteer Fire Department to accept a bid to upgrade bathroom fixtures. The President of the Council stated that this expenditure is in the Capital Budget.

Mr. Mayer moved approval of the bid to upgrade bathroom fixtures at the Easton Fire Department seconded by Mr. Reed and carried unanimously.

The President of the Council brought to the floor Resolution No. 5698, a cost of living adjustment for the retirees.

Mr. Mark Heckler thanked the Council for the support on the Easton Utilities Gas and Cable Rate Revisions. He stated that a memo had been forwarded from the Joint Insurance Committee regarding a recommendation to increase the employee COLA. He stated that this is not required in the pension plan and is a cost of living increase. Mr. Heckler stated that there are currently 55 active retired lives. He stated that this increase is proposed to keep the benefit current with the cost of living. Mr. Heckler stated that the Joint Insurance Committee members find it necessary and prudent to recommend an increase. Mr. Heckler stated that they are recommending a 2% increase at this time with a minimum of $25.

Mr. Ford made a motion to approve Resolution No. 5698 seconded by Mr. Mayer and carried unanimously with Mr. Willey abstaining.

The President of the Council brought to the floor invoices totaling $450,997.88 for payment. Mr. Mayer made a motion to approve payment seconded by Mr. Reed and carried.

The President of the Council drew the Council’s attention to a budget request from the Avalon Theatre, which had been included in this evening’s packet.

The President of the Council asked where the Foster annexation stood. The Town Attorney stated that he had written to Mr. Murray, the attorney for Mr. and Mrs. Foster. He stated that there is a legal issue being researched having to do with time limits for withdrawal of the application.

Mr. Robbie Faulkner, Trustee and Engineer for Easton Volunteer Fire Department was present on behalf of the Fire Department. He stated that a letter had been sent to the state for repair of the Opticoms that are in service now. Mr. Faulkner stated that the ambulance fund drive will start March 1. He reported that there have been 37 fire calls since the first of the month.

Chief Harvey stated that he has two requests. He stated that the Department of Social Services would like to hold a Victim’s Vigil at the Talbot County Courthouse on April 12, 2000, 6:00 P.M. to 8:30 P.M. He stated that this will be a candlelight vigil on the Talbot County Courthouse grounds. Chief Harvey stated that the police department does not have a problem with the request and they will forward the information to the Sheriff’s Department because it is Talbot County property.

Mr. Mayer moved approval seconded by Mr. Heinmuller and carried to hold a candlelight vigil on April 12 from 6:00 P.M. to 8:30 P.M.

Chief Harvey stated that he had received a request from Christ Church to suspend two-hour parking on Harrison Street from April 10 through April 14 for their Annual Spring Sale. Chief Harvey stated that the Department has no problem with the request.

Mr. Heinmuller moved approval to approve the two-hour parking suspension from April 10 through April 14 seconded by Mr. Mayer and carried unanimously.

Chief Harvey reported that the Second Annual Easton Police Department Golf Tournament to benefit the PAL Center will be held at Easton Club on May 19, 2000. He stated that so far the sponsorships are going well. He stated that they could probably use a little more support from the East End and the West End Neighborhood Associations.

The Town Engineer reported on the colonial streetlight upgrades on Goldsborough Street. He stated that they are currently working on Dover Street. The Town Engineer stated that the paving patches are ongoing.

The Town Engineer discussed a memo in the packet tonight outlining what is being proposed. He stated it is a regional stormwater water facility at the southern end of the former Resolution Trust Corporation property in the vicinity of Tanyard Branch. He stated that they have had some preliminary conversations with the US Army Corps of Engineers. The Town Engineer stated that the next step is a letter formally requesting the Army Corps of Engineers involvement in the feasibility stage. He stated that there is no obligation from the Town. Mr. Ford asked for clarification on "facility." The Town Engineer explained that this is a natural facility which could be a pond where discharge is released at a controlled rate. The Council’s consensus was to explore the opportunity of a stormwater facility. The Town Engineer stated that he would prepare the letter to the Army Corps of Engineers.

The President of the Council asked if the Rails-to-Trails project was far enough along for an update. The Town Engineer stated that there would be a workshop meeting scheduled next month.

The Town Engineer stated that he had received some plans from State Highway regarding the crossover at South Beechwood. He stated that he would like to get some presentation material on a larger scale showing what will take place. Mr. Reed stated that there were some surveyors in that vicinity today.

The Town Attorney stated that he has one matter for the Council in Executive Session pertaining to potential litigation.

Mr. Ford stated that he had a meeting this morning with the multi-cultural outreach committee. He stated that they are trying to find ways to increase access to the park communities’ resources for the immigrant population, particularly the Hispanic community. He stated that they are close to hiring a coordinator for that program.

Mr. Mayer discussed the roads and encouraged those with concerns to contact the Town of Easton.

Mr. Heinmuller discussed the public hearing times and clarified that the President of the Council cannot start the hearings before the advertised times.

Mr. Heinmuller asked for the improvement list for consideration during the budget process. The President of the Council stated that it is forthcoming.

At 9:02 P.M., Mr. Ford made a motion to go into Executive Session, seconded by Mr. Mayer and carried unanimously following a roll call vote.

At 9:28 P.M., the President of the Council declared the Executive Session closed.

There being no further business, the President of the Council entertained a motion from Mr. Mayer seconded by Mr. Reed to adjourn the meeting. At 9:29 P.M., the President of the Council adjourned the regularly scheduled Council meeting.

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Town Clerk