May 15, 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, Capt. Hobbs from Easton Police Department 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 May 1, 2000 meeting as written seconded by Mr. Reed and carried unanimously.

Mr. Heinmuller presented a Proclamation to Ms. Carolyn Jaffe proclaiming Saturday June 3, 2000 as a day to commemorate Safe Night Easton.

Mr. Hugh E. Grunden, General Manager, Easton Utilities was present regarding Electric Industry Deregulation. Mr. Grunden stated that he was present to update the Council on the electric restructuring on the retail level. Mr. Grunden stated electric restructuring, electric deregulation and customer choice are basically all the same. He stated that it is essential to understand that the electric supply is the part being deregulated not the wires part of the business. Mr. Grunden stated that on the retail side, the customer gets to chose who supplies the energy. He stated that the delivery of the energy is not where the choice is. Mr. Grunden stated that in 1999, a tremendous amount of time was spent in Annapolis with Easton taking the lead with respect to the municipals in representing the municipal electric interests. He stated that the legislation, the Electric Customer Choice and Competition Act of 1999 stated that the market would open July 1, 2000 where Maryland Electric Customers would be able to choose their electric supplier. He stated that in this legislation, there was an exemption for municipal customers which the municipals of Maryland fought very hard to put in. Mr. Grunden stated that the legislation does state however, that by October 2003, all municipals have to file a report for the legislature’s review that says that they are in and what the experience has been or what the intention is and why. Mr. Grunden pointed out the reasons that Easton decided not participate at this time. He stated that it is important to point out that as a municipal company, Easton Utilities is directly accountable to their customers, through the Council or the appointed Commissioners. Mr. Grunden stated that by delaying getting in, there is an opportunity to look at the experiences of either the investor-owned utilities or the co-ops. He stated that there will be things tried and lessons learned. Mr. Grunden stated that if they decide there are widely distributed benefits or the potential of those, then they can pick the best out of what was learned and bring that to Easton. Mr. Grunden discussed marketing and media channels. He stated that the State of Maryland has spent six million dollars on the ad campaign titled, "You Use It, Now Chose It." Mr. Grunden pointed out that although Easton Utilities is not participating at this time, it is very important that the customers understand what this is about. He asked anyone with questions or comments to contact Easton Utilities.

The President of the Council brought to the floor a memo from EBMA Farmer’s Market Coordinator requesting permission for use of the Town’s parking lot for Easton Farmer’s Market 2000 Season. The President of the Council asked for a time frame.

Ms. Debbie Hager, Executive Director, EBMA was present and stated that she believes the timeframe will be the last week of June through November. The President of the Council asked her to coordinate that with the Easton Police Department.

The President of the Council asked for questions. There being none, Mr. Mayer made a motion to approve EBMA’s request seconded by Mr. Heinmuller and carried unanimously.

At 7:20 P.M., the President of the Council opened the Public Hearing on the request of Nicholas Turner for a Planned Redevelopment (PR) project proposed for lots 25/27 South Aurora Street. The request is to subdivide the lot into two parcels and permit construction of two single-family detached dwellings.

The Town Planner discussed the PR project. Mr. Hamilton stated that Mr. Turner forwarded this to the Planning Commission. He discussed the location and passed out photographs of the existing structures on the site. Mr. Hamilton stated that this lot is zoned residential but the owner wishes to subdivide the property in two lots and build two single-family houses on the lots. He stated that these lots will be smaller than the R7A lots. The Town Planner stated that the Planning Commission recommended this project as proposed.

The Town Planner asked for questions.

Mr. Ford asked Mr. Turner if the homes are intended for owner-occupants. Mr. Turner stated that they are for resale purposes.

The President of the Council asked for public comments or questions. He reviewed the rules of the Public Hearing.

There were no questions or comments.

At 7:26 P.M., the President of the Council closed the Public Hearing. He stated that the public record would be left open for written comments for one week.

Ms. Ann Howard, President, EBMA was present to update the Council on the EBMA business summary. She updated the Council on EBMA’s activities. Ms. Howard displayed pictures of Easton’s downtown as it was ten years ago and complimented everyone’s efforts. Ms. Howard offered the Town of Easton services in any way EBMA can be of assistance in the future.

Mr. Carey Malkus was present on behalf of U-Star to update the Council on their services. Mr. Malkus thanked the Council for the opportunity to be present and turned the presentation over to Mr. Carl Burke, Executive Director for Upper Shore Aging. Mr. Burke thanked the Council for their support. He stated that U-Star Transportation Service is increasing sizably in Talbot County and specifically in the Town of Easton. Mr. Burke stated that Easton is the nexus for the services Upper Shore serves. Mr. Burke displayed graphics outlining passenger trips per year in Talbot County, the percentage of Talbot riders by towns, trips per categories, trip categories for the Town of Easton and the job access transportation program. Mr. Burke stated that many of these riders are not from Talbot County but are coming in from other counties. Mr. Burke explained "the easy program." He stated that they are exploring a fixed route for the Town. Mr. Burke stated that in total, the Town of Easton is benefiting from the U-Star transportation initiatives. Mr. Burke stated that they are challenged to meet the financial goals to implement future programs.

Mr. Mayer questioned the category listed as educational. Mr. Burke stated that this is for children getting to Sts. Peter and Paul, the Country School as well as transportation to Chesapeake College.

Mr. Heinmuller asked if U-Star can be partnered with businesses. Mr. Burke stated that U-Star does this and the businesses pay for these services.

Mr. Ford asked what percent of services are fixed routes. Mr. Burke stated that most services are still demand response.

The President of the Council brought 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" to the floor.

Mr. Mayer made a motion to approve Ordinance No. 403 seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought 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" to the floor.

Mr. Ford made a motion to approve Ordinance No. 404 seconded by Mr. Heinmuller and carried unanimously following a roll call vote.

The President of the Council brought 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 EDITION" to the floor.

Mr. Mayer moved Ordinance No. 405 for passage seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5702 authorizing the Town Clerk to abate and/or refund taxes due totaling $4,209.70 to the floor.

Mr. Mayer moved Resolution No. 5702 seconded by Mr. Reed and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5703, "A RESOLUTION OF THE EASTON TOWN COUNCIL ADOPTING AMENDMENTS TO THE 1997 TOWN OF EASTON COMPREHENSIVE PLAN ADDING A DESCRIPTION OF EASTON’S IDENTITY TO THE INTRODUCTION OF THE PLAN AND ADDING PROVISIONS REGARDING MAJOR RETAILING ACTIVITIES IN THE TOWN" to the floor.

Mr. Ford stated that the amendments in his opinion both strengthen and clarify the existing Plan by reaffirming that new shopping center development is not desirable through the planning period and that commercial development should occur as in fill development for redevelopment of existing centers. Mr. Ford stated that he believes that text encourages commercial development and clarifies the guidelines for the scale of that development and its location. He stated that the amendments also support stronger stormwater management regulations with specific ways in which to accomplish just that and the text affirms that big box retail has a limited role to play in Easton’s development through the planning period. Mr. Ford stated that the limit is in both scale (i.e., the 65,000 sq. ft cap) and location through the location of in fill and redevelopment of existing centers. Mr. Ford stated that the amendment does not prohibit the consideration of appropriately designed big box proposals but those proposals should only move forward if they emulate the pattern of development which exists in the Town Center and its environments. He stated that the existing Comprehensive Plan encourages innovation in design, it encourages mixed uses in development and it highlights the Town Center and Easton’s neighborhoods as desirable patterns for future growth. Mr. Ford stated that the proposed text amendments support those concepts and he supports the amendments. Mr. Ford moved Resolution No. 5703 for passage.

Mr. Heinmuller stated that he would like to offer an amendment to the Resolution. He stated that on page 4, the fifth paragraph reads "as big box retail stores increases in size, negative land use impacts increase also." Mr. Heinmuller stated that after review of his notes, there was no testimony that said that as something gets bigger, the negative impact increases in any way. Mr. Heinmuller stated that he thinks that this sentence is not needed and he would like to strike it. Mr. Heinmuller stated that in the following paragraph, it says, "The design standard to reference herein should be made applicable to all commercial development. There is no reason why commercial buildings less than 25,000 square feet should be held to a different standard." Mr. Heinmuller stated that once again, no analysis has been made for anything less than 25,000 square feet. He stated that if we chose to begin again to listen to the impacts of the stores less than 25,000 sq. feet, there should be a fair hearing to focus on that point. Mr. Heinmuller stated that much of the testimony heard did not focus on retail stores alone.

Mr. Heinmuller made a motion that there be an amendment striking the first sentence in paragraph five and strike the sixth paragraph entirely. Mr. Willey, President of the Council seconded the motion. The amendment was defeated 3 to 2 with Mr. Heinmuller and Mr. Willey voting for the amendment and Mr. Ford, Mr. Mayer and Mr. Reed voting in opposition.

Mr. Mayer seconded Mr. Ford’s motion to approve Resolution No. 5703. Resolution No. 5703 was approved following a roll call vote with Mr. Heinmuller and Mr. Willey voting no. Mr. Willey stated that he believes this Resolution was started in the right way but he thinks a more appropriate way to handle things would be to establish stricter zoning rules. Mr. Willey stated that he does not think that setting limits on the size of the buildings is appropriate.

The President of the Council brought a letter to the floor from the County manager requesting waiver of building permit application fees associated with 1881 Sheriff’s House and Jail at 20 N. West Street.

Mr. Mayer moved approving waiving the permit fees seconded by Mr. Ford and carried unanimously.

The President of the Council stated that in the packet was a memo from the Traffic and Parking Commission with recommendations regarding requests from First Baptist Church for handicapped parking and requests from Ms. Laurie Yorkilous for residential parking restriction on August Street.

Mr. Ford moved approval of the Traffic and Parking Commission’s recommendations. He commented that he is appreciative that the Traffic and Parking Commission did recommend a way to follow-up and rectify the situation Ms. Yorkilous is facing. Mr. Mayer seconded Mr. Ford’s motion, which was carried unanimously.

The President of the Council stated that enclosed in the tonight’s packet is a sample ballot for candidate’s to serve as members of the Board of Trustees for LGIT. He asked for questions from the Council.

Mr. Mayer made a motion to approve the candidates seconded by Mr. Heinmuller and carried.

There was no report from the Fire Department at this time.

Mr. Butler stated that on May 6, there was a ground breaking for Graham’s Place. He stated that construction activity is expected.

Mr. Butler stated that on the same day, the Peace Pole was dedicated at Idlewild Park.

Capt. Robert Hobbs was present on behalf of the Police Department. He stated that the Police Department has received two applications for Public Assembly Permits. Capt. Hobbs stated that the first one is from the Try Life Christian Center for June 3 from 8:00 A.M. to 4:00 P.M. for a block party. He stated that they are asking to block off Lot Three next to the Historical Society. They also want to put up 15 display booths.

The President of the Council asked if the Police Department is in favor of the request. Capt. Hobbs answered that they are.

Mr. Mayer moved approval of the request seconded by Mr. Ford and carried unanimously.

Capt. Hobbs stated that the second request is for an event called Good Neighbor Day sponsored by the Talbot County Free Library. Capt. Hobbs stated that they would like on June 4 between 1:00 P.M. and 4:00 P.M. have an event on the Library grounds and also close West Street between Dover and Federal Street. Capt. Hobbs stated that this will include play activities for children. Capt. Hobbs stated that the Police Department is in favor of the request.

Mr. Ford made a motion to approve the Talbot County Free Library’s request seconded by Mr. Mayer and carried.

Mr. Mayer asked Capt. Hobbs to follow up on the notice he had given him.

The Town Engineer stated that the Public Works is currently spraying for mosquitoes and putting herbicide in the stormwater management ponds and open ditches where there is standing water about town. He reviewed the conditions necessary to spray. The Town Engineer stated that this activity will continue through Fall.

Mr. Ford reminded the Council about the June 1 Visual Quality Community Survey that will take place at the Easton High School at 5:30 P.M. He stated that this will be held in the High School Cafeteria. He stated that the communities involved will be Easton, Oxford, St. Michaels and Trappe.

Mr. Heinmuller reminded everyone about Safe Night on June 3 for children to have an opportunity to find out and participate in a safe environment.

Mr. Heinmuller stated that he wanted to follow up on Mr. Ford’s comments regarding the Survey at Easton High School. He stated that if you want to get in on the ground stages, this will give you an opportunity to say how you want the town to go.

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

The President of the Council asked if there was anyone else to come before the Council.

There was no one.

There being no further business, Mr. Mayer made a motion to adjourn the regularly scheduled Council meeting seconded by Mr. Reed and carried unanimously.

At 8:06 P.M., the President of the Council adjourned the meeting.

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Town Clerk