August 21, 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, Chief Harvey and Town Attorney Mr. Kehoe.

Mr. Ford 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 August 7, 2000 meeting as written, seconded by Mr. Heinmuller, and carried unanimously.

Mr. Chris Brownawell, Director of the Academy Art Museum and Ms. Debbie Hager, Executive Director, EBMA was present to discuss banners for the downtown area.

Mr. Brownawell stated that he is present on behalf of EBMA’s Attractions Committee. He stated that they have developed a policy for banners for some of the new light fixtures. Mr. Brownawell presented the design with a map depicting the desired locations. Mr. Brownawell asked the Council to consider the banner program presented so they could proceed with their plans. Mr. Brownawell stated that they feel that this will be putting on a welcoming face to the Town of Easton.

Mr. Mayer questioned the instance of special events. Mr. Brownawell stated that there will be an approval process for special attractions with a fairly rigid process. Mr. Brownawell stated that there will be a charge by the Town for installing and taking down the banners.

The Mayor asked if there could be a banner displayed as it will be displayed on the light poles before the decision is made. Mr. Brownawell stated that this is possible. He stated that this would take some time. Mayor Butler questioned the size. He asked if the banner is 62" from the top, where would the banner be on the pole from the ground. The Town Engineer stated that it would be about eight feet.

Mr. Mayer asked if there are photographs available from other towns. Ms. Hager stated that she is sure there are.

Mr. Heinmuller stated that he has had an opportunity to see these banners at various trade shows and he feels they are nice looking and safe. Mr. Heinmuller stated that he is in favor and supports this project.

The Town Attorney stated that a letter of understanding could be drafted after a motion to authorize EBMA to hang the banners on Town light fixtures, which would be signed by the Mayor.

The President of the Council asked that a resolution be prepared outlining the details after a consensus was reached by the Council.

Mr. Ford made a motion to approve passage of the placement of banners as indicated on the detail distributed by Mr. Brownawell, seconded by Mr. Mayer, and carried unanimously.

Mr. Albert Pritchett was present on behalf of the Waterfowl Festival. Mr. Pritchett presented the 2000 Waterfowl Festival Transportation Plan. Mr. Pritchett stated that the Transportation Committee had been working with Chief Harvey and Capt. Blue. He stated that the format distributed to the Council was more like a work order. Mr. Pritchett stated that there are two changes from last year’s plan. He stated that the Bay Street Ponds will not be used this year. Mr. Pritchett stated that the activities usually held there will be held at the Easton Club. He stated that another change would be to close down a portion of Washington Street in between Dover Street and The Historical Society parking lot due to the Police Department’s suggestion to limit vehicular traffic in that area.

Chief Harvey stated that their department had worked with them since last year and they had resolved some concerns.

Mr. Ford made a motion to approve the Waterfowl Festival transportation plan as presented, seconded by Mr. Mayer, and carried unanimously.

The Town Attorney discussed his memorandum regarding the outside storage issues. The Town Attorney discussed the issues raised at the last Council meeting regarding the Town’s regulations for parking. He discussed the options for restrictions and variations. The Town Attorney stated that one particular problem has to do with corner lots. He stated that under the Town’s Zoning Ordinance, a corner lot fronts on two streets and has to observe two setback lines from the streets and two side yard setback lines. He explained that corner lots have two fronts and two sides.

The Town Attorney stated that issues discussed last week have to do with grandfathering provisions for parking to allow people which have established a parking area for recreational vehicles to continue to do that.

The Town Attorney stated that what everyone would like to see is people being good neighbors. He explained that this would mean allowing neighbors surrounding the affected property to come forward and give their views on how the storage practice should be changed or done away with. He stated that this would involve a public hearing, a variance process that would require showing a practical difficulty in order to get it approved.

The Town Attorney explained that the Council will never, even as long as they want to spend on this legislation, draft any section of the Zoning Ordinance that gives a precise rule for every property in the Town of Easton because there are too many variations and combinations to make everyone happy. The Town Attorney stated that many discussions have focused on what individual property owners are doing but the real purpose of the Zoning Ordinance is to be a guide for future conduct. He asked the Council to bear in mind what they would like to see or not see in future subdivisions in the Town.

The President of the Council asked for questions from the Council for the Town Attorney.

Mr. Mayer questioned the Town Planner on his experience with grandfathering clauses and variances. He asked the Town Planner in his experience, which had been the easiest and most efficient way to solve problems.

The Town Planner explained the differences between variances and grandfathering clauses. He stated that this particular issue has been enforced on mostly a complaint basis.

The President of the Council asked for additional comments. He explained his concerns. The President of the Council stated that he is more inclined to go with the grandfathering clause.

Mr. Ford stated that it is important to point out that you cannot completely close the door on people’s lives whether it has been allowed under an existing ordinance or not unless you provide an alternative. Mr. Ford stated that if the fees are waived, the variance procedure allows residents to rectify unique situations regarding boat storage as well as allowing neighbors to speak. He stated that he is more in favor of a variance process without fee.

Mr. Hamilton stated that the current ordinance limits residents to one recreational vehicle per yard and there are a lot of people that are already violating the rules. Mr. Hamilton stated that the rules are very simple right now. He stated that the recreational vehicles are only allowed in the rear yard and you can only have one of each. Mr. Hamilton stated that when there is a complaint and a real disagreement, the Code Enforcement Department will go and pursue the problem and try to solve the complaint, which is really a neighbor problem.

The Town Planner also stated that if the variance fee was waived, the cost for advertising would have to be absorbed by the Town of Easton. Mr. Heinmuller stated that the advertising and variance procedure could be accomplished once or twice a year.

Mr. Heinmuller agreed with the Town Attorney and stated that the Town needs to look at what it wants to look like in the future.

Mr. Mayer stated that he thinks that the grandfather clause is the perfect way for those who are now faced with the dilemma of always using their property and have not been offensive to neighbors. Mr. Mayer stated that the variance process is perfect for future development. He stated that his concern is with the size of the recreational vehicles stored on lots.

The Town Attorney outlined what he thought was the Council’s consensus. He stated that he thought that the Council would like to use the variance procedure for future developments and the grandfather process for existing storage concerns. The Town Attorney stated that the concern is the size of the recreational vehicle being stored in residents’ yards.

Mr. Ford stated that if the Council went with the variance procedure, it would allow neighbors to comment on what is being stored. He stated that he would be in favor of a variance procedure.

The Town Attorney stated that the Town would currently permit the storage of commercial vehicles on residential property only in enclosed garages or barns and would allow commercial vehicles such as mini-vans or pickup trucks even with a company or business logo on the side to be parked in a residential area just as if it was a non-business vehicle.

The President of the Council asked if there is anyone present that would like to comment on the issue.

Mr. Rodney Auker, 29369 Hawkes Hill Road, stated that a couple of the comments he had heard tonight were in regards to neighbors. He stated that he considers his neighbors on his right and left. He questioned where neighbors were considered to be. Mr. Auker stated that this is a water community. He stated that he did not think it is being very fair to be told what can be stored on his property.

Mr. Ford stated that the legislation being considered would actually allow Mr. Auker to store his boat as he does now.

Mr. Kehoe stated that it would be an amendment to the Zoning Ordinance, which will require advertising and a public hearing.

The Town Planner stated that the advertisement will be in the newspaper with an ordinance number and a description of the ordinance stating it will be an amendment to the Zoning Ordinance to regulate the storage of boats and trailers.

Mr. Charles Connolly, 705 Elwood Avenue, stated that he feels we should review the ordinance and see if this is really what we want to do. He stated that this is going to affect a lot of people. Mr. Connolly stated he had been riding around for an hour and had pictures for anyone to view. He stated that if this ordinance is to be enforced, he wants to make sure it is enforced town wide. Mr. Connolly questioned the definition of a good neighbor.

The President of the Council asked the Town Attorney for legislation for the upcoming meeting. He stated that the Public Hearing for the storage of recreational vehicles will be held October 2.

The Town Planner discussed the subdivision regulations. He stated that in the packet there is a draft of several amendments to the subdivision regulations. He stated that those regulations were originally adopted in July of 1993. The Town Planner stated that they have been working on amendments to it ever since the adoption of the Comprehensive Plan in 1997. He said there are some very important technical revisions that need to go through dealing with engineering and surveying as well as substantial changes that will speed up the review process.

The Town Planner asked the Town Clerk Mr. Karge to put the document with the proposed changes on the Town of Easton’s website as well as making copies available at the Town office for interested parties.

The President of the Council set the public hearing for the revision to the subdivision regulations for October 2 at 7:15 P.M.

The President of the Council brought Ordinance No. 416, "AN ORDINANCE OF THE TOWN OF EASTON REPEALING AND REENACTING WITH AMENDMENT SECTION 14.7 OF THE CODE OF THE TOWN OF EASTON REGARDING LICENSE FEES" to the floor for passage.

Mr. Mayer moved Ordinance No. 416 for passage, seconded by Mr. Ford, and carried unanimously following a roll call vote.

The President of the Council brought Ordinance No. 417, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING CHAPTER 6 OF THE TOWN OF EASTON (BUILDING CODE) REGARDING SWIMMING POOLS" to the floor for passage.

The Town Engineer stated that this Ordinance takes some of the language from the CABO Code and incorporates it into the BOCA Code to make it a little easier for contractors and homeowners to comply with the barrier requirements for above ground pools without sacrificing safety.

Mr. Reed made a motion to approve Ordinance No. 417, seconded by Mr. Ford, and carried unanimously following a roll call vote.

The President of the Council brought to the floor Resolution No. 5710 adopting a revised Schedule of Fees. The President of the Council asked for any questions.

Mr. Mayer moved Resolution No. 5710 for passage, seconded by Mr. Ford, and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5711 to the floor. Mr. Mayer moved Resolution No. 5711 for passage, seconded by Mr. Reed, and carried unanimously following a roll call vote.

The President of the Council brought invoices totaling $441,397.20 to the floor for approval.

Mr. Heinmuller moved approval seconded by Mr. Reed and carried unanimously.

Mr. Robert Quathamer from the Easton Volunteer Fire Department, Inc., was present and reported on the activities of the department for the month of August.

Mr. Quathamer reported on the recent legislation recently passed by the Talbot County Council regarding automatic fire alarms.

Mr. Quathamer stated that the Chief of the Fire Department, Mr. Chance, gave his permission for the burning of a large pile of brush on Plum Street from the construction of the rails-to-trails.

The President of the Council asked if there are any questions for the Fire Department. There were none.

Mayor Butler thanked everyone for their concern during his recent stay in the hospital. He stated that he had encountered an irregular heartbeat and is being treated with medication.

Mayor Butler asked the President of the Council for an Executive Session concerning real estate.

Chief Harvey stated that Ms. Judy Haddaway from Talbot County Board of Education is requesting that parking regulations on Mecklenburg Avenue be waived on August 24 between 7:30 a.m. and 3:30 p.m. as they are expecting 700 to 800 Talbot County school employees that will be attending the opening day session at Easton High School.

Mr. Mayer moved approval if the Chief states he has no problem with it. Mr. Ford seconded approval, which was carried unanimously.

Chief Harvey stated that YMCA of Talbot County is requesting a permit to hold their annual Wild Goose Chase run on October 29. Chief Harvey outlined their proposed route. He stated that they are asking for traffic control at the intersection of Rt. 322, Peechblossom, and Oxfords Road from 8:30 a.m. to 10:00 a.m. Chief Harvey recommended approval.

Approval for the Wild Goose Chase was approved unanimously by the Council.

Chief Harvey stated that they had received a request for a Family Fun Day on October 7 from 10:00 a.m. to 2:00 p.m. at Moton Park. He stated that the request was from Mid-Shore Council on Family Violence. Chief Harvey stated that they had received an approval letter from the Park Board. Chief Harvey stated that the ArtsMarketplace at the Academy of the Arts Museum is also scheduled for that day but he stated that the department recommends approval as they can handle both events.

Approval for the Family Fun Day was approved unanimously by the Council.

Chief Harvey reported that due to technical difficulties, the television show regularly scheduled for last week was not broadcast. He stated that it will be broadcast this Thursday evening. Chief Harvey stated that this week’s topic will be traffic issues.

The President of the Council asked if there was anything for the Chief.

The Town Engineer stated that he would like to seek approval to burn plant material from the rails-to-trails. He stated that they are lining up the needed permits before the project goes to bid. Mr. Glass stated that they had received permission from Talbot County Health Department and they had been in contact with the Fire Department.

Mr. Heinmuller moved approval to burn the material from the rails-to-trails seconded by Mr. Mayer.

The Town Attorney discussed burning poison ivy and possible respiratory distress problems.

The Town Engineer reported on the trash schedule for the upcoming Labor Day holiday.

The Town Engineer stated that they are looking at some traffic planning issues around town.

Mr. Reed discussed mosquito spraying and the requests from his neighborhood. The Town Engineer stated that they are spraying regularly. He stated that they are spraying as fast and fiercely as they can. He stated that they are following the State of Maryland guidelines for spraying.

Mr. Reed questioned the Town Engineer on the street repairs and drainage work for South Beechwood. The Town Engineer stated that this area is scheduled for repair.

Mr. Ford questioned the conditions that prevent spraying. The Town Engineer stated that they do not spray when there is rain in the forecast or wind speed above 10 mph. He stated that spraying is done usually around 11 p.m.

Mr. Mayer invited everyone to Easton Celebration’s Carnival at Wal-Mart. He stated that this is the major fundraiser for Easton Celebrations.

Mr. Heinmuller stated that the Community Day at Moton Park will take place this Saturday from 11:00 a.m. to 5:00 p.m.

Mr. William Banks, Chairman of the Community Day invited the Council and audience to this event. He discussed the activities planned for Saturday.

Mr. Heinmuller stated that the Car Club has also been invited.

The President of the Council reminded everyone that due to the Labor Day holiday, the next Council meeting will be on Tuesday, September 5 at 7:00 p.m.

The President of the Council stated that there is a motion on the table for approval of burning. The motion was carried unanimously.

Ms. Carolyn Jaffe invited everyone to the HotSpot pool party tomorrow night at the George P. Murphy pool. Ms. Jaffe stated that on September 17, they will have their family picnic and get together in Moton Park with a concert by the XPDs.

At 8:26 p.m., the President of the Council stated that he would entertain a motion to convene into Executive Session. Mr. Mayer moved the motion to adjourn to Executive Session seconded by Mr. Ford and carried unanimously following a roll call vote.

At 8:59, the President of the Council closed the Executive Session and reconvened into the regularly scheduled meeting.

The President of the Council discussed the volunteer party for the Boards and Commissions.

There being no further business, the President of the Council upon motion by Mr. Mayer seconded by Mr. Ford and carried unanimously, adjourned the regularly scheduled Council meeting at 9:00 p.m.

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Town Clerk