May 1, 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, Assistant Town Engineer, Mr. Gruber, Town Planner Mr. Hamilton, Assistant Town Planner Mr. Thomas, Chief of Police Harvey, Town Attorney Mr. Kehoe, Mr. Dudley Bostic, Building Inspector, Mr. Bob Porter, Rental Housing Inspector and Mr. Terry Raleigh, Building Inspector.

Mr. Reed 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 April 10 and April 17, 2000 meetings as written, seconded by Mr. Heinmuller and carried unanimously.

The President of the Council, Mr. Willey, brought Resolution No. 5700 to the floor authorizing attendance at the Annual Convention of the Maryland Municipal League, Inc. Mr. Mayer moved Resolution No. 5700 seconded by Mr. Reed and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5701 to the floor authorizing the Town Clerk to abate and/or refund taxes due totaling $2,373.10. Mr. Mayer moved Resolution No. 5701 for passage seconded by Mr. Reed and carried unanimously following a roll call vote.

The President of the Council brought to the floor Ordinance No. 412, "AN ORDINANCE OF THE TOWN OF EASTON DECLARING CERTAIN PROPERTY LOCATED AT 130 – 132 AND 142 NORTH HARRISON STREET OWNED BY THE TOWN OF EASTON FOR THE USE OF THE EASTON UTILITIES COMMISSION TO BE NO LONGER NECESSARY FOR PUBLIC USE AND AUTHORIZING THE SALE OF SAID PROPERTY AT PUBLIC OR PRIVATE SALE AND FURTHER AUTHORIZING TOWN OFFICIALS TO PERFORM ANY ACTION NECESSARY TO EFFECT SUCH SALE" for a first reading.

The President of the Council brought to the floor a memo from the Assistant Town Planner regarding the PR application for 25/27 South Aurora Street.

Mr. Thomas, the Assistant Town Planner explained that a Public Hearing needs to be held. The Assistant Town Planner stated that there are no prescribed advertisement requirements. The President of the Council set the Pubic Hearing for May 15.

The President of the Council brought to the floor a letter from the Vice-Chairman, Easton Planning and Zoning Commission regarding the Planned Redevelopment Application of Nicholas E. Turner. The Town Planner stated that this is the same application previously mentioned.

The President of the Council brought a letter from Ms. Janet Hendricks, program Coordinator, Academy Art Museum requesting permission to fire pots in enclosed kiln during Raku Conference and Workshop Friday, July 7. The President of the Council asked for any questions. The President of the Council stated that he would entertain a motion for approval with the stipulation that the approval pending approval from the Fire Department.

Mr. Ford moved approval seconded by Mr. Mayer and carried unanimously.

Mr. Tim Knotts was present on behalf of the Easton Volunteer Fire Department. He stated that the month of April was one of the busiest ever. Mr. Knotts reported on the Fire Department’s activities. Mr. Knotts informed the Council that they plan to send an engine to Greenwood, Delaware this week for the funeral for Assistant Chief Blankenship who was killed in a training exercise.

Mayor Butler informed everyone that National Prayer Day will be observed in Thompson Park at 12:00 noon. He invited everyone to attend.

Mayor Butler stated that 3DI’s Open House will be held Friday, May 05, 2000.

Chief Harvey stated that he had a request from the Academy of the Arts for October 6 – October 8, 2000. He stated that their request was to close down South Street between Talbot Lane and Harrison Street from 8:00 A.M. to 6:00 P.M. by barricades. Chief Harvey stated that they would like the restricted parking lifted from Thursday through Sunday for the exhibitionists to unload. He stated that the Police Department has no issue with the Festival but they need a little more information on how they plan to set up outside.

Mr. Mayer moved granting the approval with the stipulation that the Police Department would work out the details seconded by Mr. Ford and carried unanimously.

The Chief of Police stated that they had received a request from Easton Celebrations, Inc. for the Old Tyme Fourth of July Celebration for the VFW grounds and surrounding areas. The Chief of Police stated that the Police Department has no problems but they intend to meet with the committee to address some issues.

Mr. Heinmuller moved approval of the request from Easton Celebrations for the Old Tyme Fourth of July seconded by Mr. Reed and carried unanimously with Mr. Mayer abstaining.

The Chief of Police discussed results of a traffic survey at Brookletts and Hanson Street. Chief Harvey stated that they will be doing the survey for an additional three days and will forward the results to the Council.

Mr. Ford stated that he has had telephone calls lately and asked the Chief to explain the Police Department’s policy on enforcing trespassing laws, specifically shopping centers within the town limits. The Chief of Police stated that during his first three weeks in office, he received hundreds of calls from citizens and business people in the shopping areas about littering, destruction of property, vandalism, narcotics, etc. He stated enforcement action had been requested by the shopping centers and the citizens to try to get through the public transportation. Chief Harvey reviewed the statistics for calls for service, which caused implementation of the state’s trespassing law. He stated from contact with the business owners, they seemed satisfied with the police department’s efforts. He stated that a large portion of the population cited on the parking lots is from the ages of 14 to 25. Chief Harvey stated that the calls had been reduced his first summer to 185 from 285.

Mr. Ford questioned what the officers are instructed to do when approaching a vehicle. Chief Harvey stated that they observe the vehicle while driving by. They have interaction with the occupants of the vehicle. The Chief stated that at that time, if the case warrants, they are warned. If the case warrants, they are cited for trespassing. Chief Harvey stated that juveniles are brought to the police station and the parents are called to get them because, by law, they cannot release a juvenile into their own custody without the parents.

The President of the Council asked Chief Harvey to distribute the citations and warning listing again to the Council.

The President of the Council asked the Chief to explain the Police Department’s Form. 90. Chief Harvey discussed the program implemented by him for vehicles with property in plain view. Chief Harvey stated that the program had been initiated as a warning to impact the thief of and from motor vehicles and to cause a non-confrontational interaction between Easton Police and the driver of automobiles. Chief Harvey stated that since they have started the program they have received four complaints and about 65 to 70 compliments. He stated that when keys in the ignition are found, they are taken to Easton Police Department. Chief Harvey stated that to date, 17 departments including Ocean City have adopted the program.

At 7:27 P.M., the President of the Council opened the public hearing to obtain public comments on proposed amendments to the Town of Easton Comprehensive Plan concerning the issue of the appropriate role of "Big-Box" retailing during the remainder of the plan period. The President of the Council stated that the Planning and Zoning Commission is proposing that the Comprehensive Plan be amended to indicate that big box retailing has a limited role to play in future commercial development in Easton during the plan period.

The Town Attorney briefed on tonight’s hearing. He stated that this is probably the last step in the moratorium process that was started approximately one year ago. Mr. Kehoe stated that the Planning Commission made a recommendation to the Town Council on December 1 suggesting certain changes to the Comprehensive Plan. He stated that the proposed recommendations consist of three parts. He stated that the first part is a description of a nature and quality of life that Easton has. Mr. Kehoe stated that the second part of the proposed changes indicate that the remainder of the plan period, that Big Box retailing should have a limited role in the Town’s land use and growth policies. He stated that the third part of the recommendations constitutes the supplement to the Comprehensive Plan containing more detailed recommendations with regard to Big Box development that may occur in the Town in the future. He stated that specific recommendations include design criteria, a cap on the size of big box retailing, changes to the stormwater management and a call for closer degree of cooperation between the Town and the County with regard to land use and development policies.

The Town Planner stated that his staff is present for questions.

The President of the Council opened the Public Hearing for comments.

John Murray, Esq., 28110 Legates Cove Road, Easton, stated that these issues have been thoroughly discussed. He stated that the general theme is that Easton is not generally hospitable to large retailers. Mr. Murray stated that this is his perception. Mr. Murray addressed four points in the Comprehensive Plan that concerned him. He asked that the Council be clear and predictable. He asked the Council to keep people local to shop.

Mr. Barry Griffith, Wye Mills, Maryland stated that he represents Lane Engineering. Mr. Griffith discussed commercial development. He stated that commercial development follows residential growth that has been occurring for some time. Mr. Griffith discussed his views concerning commercial development and big boxes. Mr. Griffith discussed various impacts and questioned why the Council is amending the plan and moving in the current direction. Mr. Griffith urged the Council to re-think this amendment and this issue in general. He asked the Council to try to come up with a more reasonable way to deal with the growth that Easton is experiencing.

Mr. Robert Amder, Bozman, commended the Council for dealing with this issue. Mr. Amder discussed the issue of sprawl and stated that it is all around. He suggested considering vertical development and discussed this further. He asked the Council to be creative to avoid more sprawl.

Ms. Dianne Welty, Ratcliffe Manor, stated that she is present on behalf of the Talbot Preservation Alliance. She stated that she represents 300 members almost 500 people. She stated that the Alliance does say that they do not want development, they do not want large development and prefer small development that will not impact lives with traffic and additional services required. She asked the Council to consider the Easton town residents that have to live here shop here and pay the taxes.

Ms. Sylvia Gannon, Airport & Longwoods Road pointed out that there are 25,000 square foot limits already in place. She stated that there are many positives that have not been mentioned. Ms. Gannon stated that the Council should not turn their back on well-planned entities. She asked the Council to be open to good comprehensive planning that comes before them. Ms. Gannon asked that the Comprehensive Plan be left, as it is to alleviate more ambiguity.

Mr. Gene Mechling, 222 S. Washington Street stated that the maximum size of big boxes is identified in the document as 65,000 square feet. He stated that he agrees with the document and what the Council is trying to do. Mr. Mechling stated that this will provide the Council with the power needed to make the decisions without legal action.

Ms. Rebecca Ellison, Oxford Road, Oxford, stated that she is pleased with the results of the moratorium. She stated that she is also pleased with the Internet site. Ms. Ellison discussed Cape Cod and the issues there. She discussed high cancer rates and information contained in the local newspaper. Ms. Ellison asked the Council to filter out what the developers say. She stated that 65,000 square feet is a good beginning.

At 8:04 P.M., the President of the Council closed the Public Hearing. He stated that the record will be left open for written comments until Friday, close of business.

At 8:05 P.M., the President of the Council opened the Public Hearing to obtain public comments on proposed Ordinance No. 403, "AN ORDINANCE OF THE TOWN OF EASTON ADDING CHAPTER 5A TO THE TOWN OF EASTON CODE TO ADOPT THE MODEL ENERGY CODE/1995, Ordinance No. 404, AN ORDINANCE OF THE TOWN OF EASTON REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 13A OF THE TOWN OF EASTON CODE (PROPERTY MAINTENANCE) TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE/1998 and Ordinance No. 405, "AN ORDINANCE OF THE TOWN OF EASTON REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 6 OF THE TOWN OF EASTON (BUILDING CODE) TO ADOPT THE BOCA NATIONAL BUILDING CODE/1996 13TH EDITION."

The Town Attorney discussed the proposed changes. He stated that they are comparable to Windows Operating Software, you have Windows 95, Windows 98 then Windows 2000. Mr. Kehoe stated that the Town of Easton like all jurisdictions in Maryland is obligated to adopt the BOCA (Building Official Congress of America). He stated that this is regularly revised and we are here with an across the board series of revisions. Mr. Kehoe stated that these are updates of existing regulations that should be enacted. The Town Attorney stated that the Energy Code will come as no surprise to anyone in the building business.

The President of the Council opened the Public Hearing to anyone in the audience for comments or questions.

Mr. Mayer asked if most of the changes were being implemented to get the building codes up to standards. The Town Attorney stated that these changes reflect advances in techniques.

The President of the Council asked if there were any comments. There were none. He stated that the record would be left open for written comments until close of business on Friday.

At 8:07 P.M., the President of the Council closed the Public Hearing.

Mr. Heinmuller stated that he was very disappointed that during the last hearing, there are so many builders in this town and they have no need or desire to come forth and testify. He stated that it is unfortunate that there is no representation from the builders in Easton.

The Town Engineer updated on construction activities within the Town of Easton. He stated that a traffic signal would soon be installed on Harrison Street. Mr. Glass stated that he appreciates the residents’ patience during the activities and disruptions in traffic.

The Town Engineer updated on the Brooks Drive activity.

The Town Engineer updated on paving and grass cutting activities around town.

The Town Engineer stated that he had a couple calls regarding the Rails-to-Trails extension. He stated that this is still in the design phase of the project.

The President of the Council reviewed the Council’s upcoming calendar. He stated that the budget workshops need to be added on May 17 and May 18 as well as the Veteran’s Ceremony on May 29. Mr. Willey thanked all the participants in the March of Dimes Walk-a-Thon.

The President of the Council brought to the floor two requests from the Talbot County Council to waiver permitting fees for a grading application for Mt. Pleasant parking lot and fees for a temporary office trailer at the Talbot County Health Department.

Mr. Mayer moved approval for waiver of the fees seconded by Mr. Ford and carried unanimously.

The President of the Council stated that on May 30 there will be a meeting at the County Council’s Chambers regarding Rt. 309.

Mr. Heinmuller asked for participants for the West Side and East End clean up day on May 6. He stated that at noon, there will be a ground-breaking ceremony for Graham’s Park.

There being no further business, the President of the Council entertained a motion for adjournment from Mr. Ford seconded by Mr. Mayer and carried.

At 8:16 P.M., the President of the Council closed the regularly scheduled council meeting.

_________________________________________

Town Clerk