October 2, 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. 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 September 18, 2000 meeting as written, seconded by Mr. Reed, and carried unanimously.

Mr. Drew Jensen was present to report on the Easton Volunteer Fire Department’s activities. He stated that the Department covered 362 man-hours for the month of September. He asked for any questions. There were none.

Mayor Butler reminded everyone that the Fire Board meeting scheduled for Monday is being held Tuesday.

Mr. Ford presented Easton Utilities with a Proclamation designating October 1 through October 7, 2000 the Fourteenth Annual Public Power Week. Mr. Grunden, General Manager, was present on behalf of Easton Utilities Commission.

Mr. Grunden thanked the Mayor and Council on behalf of Easton Utilities. Mr. Grunden stated that the Proclamation captures the essence of public power as a community owned entity. He stated that it is also a time where the employees of Easton Utilities can reaffirm their commitment to the citizen owners of Easton Utilities to maintain the same high standards of excellence that they have had for the last 86 years and the next 86 years. He stated that it is a pleasure to be part of such a fine organization.

Mr. Grunden thanked the Mayor and the Council for their unwavering support and well wishes during his recent illness. He stated that his illness gave the employees of Easton Utilities an opportunity to show what they are made of and how they can rise to any occasion under any circumstance.

The President of the Council stated that on behalf of the Mayor and Council and the staff it is good to have him back on the job again.

The Town Engineer reported on a situation that currently exists on Park Street. He stated that he had been contacted by a resident in that area who brought forth a concern about a narrow roadway in that vicinity. Mr. Glass stated that there is a need for restricted parking at the intersection of Park Street and South Street. He stated that by erecting a No Parking From Here to Corner sign about 70’ of South Street, the problem should be eliminated. He asked the Council’s permission to draft legislation directing this parking change.

The President of the Council asked that a memo be forwarded to the members of the Parking and Traffic Commission notifying informing them of the change.

Mr. Mayer stated that he has visited the area and he saw the problem.

Mr. Ford asked if the residents were notified of the change. The Town Engineer stated that 604 could be affected.

Mr. Mayer made a motion to approve the parking change, seconded by Mr. Reed.

The President of the Council amended the motion and asked that the members of the Traffic and Parking Commission be notified and a formal letter be forwarded to the owner of 604 South Street.

Mr. Mayer’s motion was carried unanimously with Mr. Willey’s amendments to the motion.

The President of the Council brought a memo to the floor from the Town Engineer regarding a Capital Purchase request.

The Town Engineer stated that in this year’s budget, the Public Works Department had included a salt spreader and a plow for a utility box dump. He stated that this will allow the Department to convert a flatbed dump truck to an additional plow and salt spreader unit this winter. Mr. Glass stated that $17,000 was approved for that purchase but it can be purchased direct from the manufacture for $10,660.

Mr. Mayer made a motion to approve the capital purchase. Mr. Ford seconded the motion, which was carried unanimously.

The President of the Council brought Resolution No. 5718 to the floor authorizing the Town Clerk to abate taxes totaling $2,080.55.

Mr. Heinmuller moved approval of Resolution No. 5718, seconded by Mr. Mayer and carried unanimously following a roll call vote.

The President of the Council introduced Ordinance No. 420, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE EASTON TOWN CODE TO AUTHORIZE TEMPORARY ENTRY UPON PRIVATE PROPERTY FOR THE PURPOSES OF CONSTRUCTION OR REPAIRING CURBS, GUTTERS, SIDEWALKS AND SIMILAR INFRASTRUCTURE" for a first reading.

The President of the Council brought the request of the Talbot County Council to close or limit traffic during the Courthouse renovation project to the floor for questions or suggestions from the Council.

Mr. Mayer stated that he did not feel that Dover Street should be closed completely.

Mr. Heinmuller stated that he supports Mr. Mayer’s comments. Mr. Heinmuller stated that he had a letter from the merchants on Dover Street that stated that they did not want the street closed. He stated that he is very much in favor of accommodating business over the needs of construction.

Chief Harvey stated that he and the Town Engineer had the opportunity to meet with the project engineer. He stated that Dover Street will remain open. Chief Harvey stated that instead of the original 15 days, it looks like the work on that side will be completed in 10 working days. Chief Harvey stated that there will be no work done during Waterfowl Festival this year and the parking may be saved as well. Chief Harvey stated that the County Engineer has agreed to forward a work-site plan on what will occur.

The President of the Council asked for Council comments or questions. There were none. He asked if there were any comments from the audience. There were none.

Mr. Mayer stated that he does not have a problem with the handout proposed tonight. Chief Harvey stated that some of the difficulties such as placing the fence have been worked out.

Mr. Ford made a motion to support the plan as submitted, seconded by Mr. Mayer and carried unanimously.

The Town Attorney reminded the Council and the audience that Mayor Butler instructed him the Town and County to enter into a hold harmless agreement whereby the County holds the Town harmless against damage or for any claim that may arise from the project. He stated that the County was willing to provide this to the Town.

At 7:19 P.M., the President of the Council opened the Public Hearing on the request of the Easton Planning and Zoning Commission to review proposed changes to Easton’s Subdivision Regulations which is Ordinance No. 252.

The Town Planner discussed the changes proposed to the subdivision regulations. He stated that there are a lot of small changes. He stated that the subdivision process is basically not changing. He stated that what is being proposed is to go to the Planning Commission with the sketch plat and add a couple of elements. The Town Engineer stated that at this point, the preliminary plat would be a staff only technical review. He stated that once that is approved, the applicant can go to the improvement plans, which is an Easton Utilities and Town Engineer approval process. The Town Planner stated that the final plat, by state law, is required to have the Planning and Zoning Commission approval. He stated that the process is expedited. The Town Planner stated that a few technical changes have also occurred with the street hierarchy. The Town Planner stated that sidewalks are also going to be required across the board unless the Planning Commission states otherwise.

Mr. Ford questioned the Town Planner on the definition of cul-de-sac and on the fact that dead-end streets in the hierarchy are prohibited. Mr. Ford asked if this is a conflict. The Town Planner stated that this is a definition but the Town of Easton does have cul-de-sacs, which are approved. He stated that they will be in PUDs and special types of developments. The Town Planner stated that the Town is trying to get away from cul-de-sacs but they need to be defined.

Mr. Ford questioned the section on parks on page 43 regarding fees collected in lieu of. He stated that the document states that fees can be used for the purpose of acquiring developmental land for parks. Mr. Ford questioned if it would be a good idea to put in there that the fees can also be used for maintaining existing parks.

The Town Attorney stated that the distinction is for using the fee for new parks. He stated that the subdivision regulations require that in new developments, land be set aside for park purposes. He stated that the regulations also recognize that there are some subdivisions, some small ones, where it is just not practical to do that. The Town Attorney stated that in this instance, there could be a payment in lieu of setting aside land as a substitute.

Mr. Ford questioned the Town Planner about a new Section, 904, Public Notice. He stated that the new regulations state that no notice shall be required for those subdivisions which do not require sketch plan review. Mr. Ford questioned what these instances are.

The Town Planner stated that these would be lot line adjustments, boundary adjustments or minor subdivisions. The Town Planner stated that they could go directly to a final plat and not go through the multiple step process.

Mr. Ford stated questioned the process for posting signs. The Town Planner stated that he could add a sign in Section 504 that would require that properties be posted which is their intention.

Mr. Reed asked the Town Planner to clarify the Section on page 14 regarding tying in surveys to street intersections.

Mr. Reed stated that his concern was that the subdivision regulations seem to make the process easier. The Town Planner stated that the new regulations actually add more detail.

Mr. Ford recounted his tenure on the Planning Commission. He stated that the Planning Commission rarely makes substantive changes at that stage in the process.

The President of the Council asked if there were any other questions from the Council. There were none.

The President of the Council asked if anyone in the audience had comments or questions.

Mr. Bill Stagg, landscape architect and land planner in Easton stated that he has a question regarding Section 404, Preliminary Plat Procedures. The Town Planner stated that you do not have to take the preliminary plat to the Planning Commission. He advised that the copy had been revised.

Mr. Stagg suggested sending the plat to the State Highway Administration at the first stage of review for comments or suggestions.

The President of the Council asked if there were anyone else. There were none.

At 7:36 P.M., the President of the Council closed the public hearing on the request of the Easton Planning and Zoning Commission for changes to the Subdivision Regulations.

The Town Attorney introduced Alexis E. Kramer, Esquire to the Council. He stated that Mr. Kramer joined his office on August 30. The Town Attorney stated that he would be very appreciative if Mayor Butler would appoint Mr. Kramer as Assistant Town Attorney. Mr. Kehoe stated that he would be a great asset to the Town of Easton.

The President of the Council brought a memo to the floor from the Town Attorney regarding a rails-to-trails grant application for a mural project. Mr. Kehoe stated that he and the Mayor had met with Ms. Barbara Zuelke to discuss the details of the project. He stated that a mural would be painted on the side of Easton Wholesale that fronts the trail. Mr. Kehoe stated that she has asked the Town to consider providing $500 in matching funds. The additional funds would be provided by the Talbot County Arts Council.

The Mayor stated that the East End Association has also talked about a mural. He suggested having the East End be part of the committee who would select the design of the mural.

The President of the Council stated that he felt the project is worthwhile and would add to the Rails-to-Trails. The Town Attorney stated that Ms. Zuelke asked him to find out if there was any interest from the Council.

Mr. Mayer stated that he thinks it is a good idea. Mr. Ford stated that he is fine with it. Mr. Heinmuller stated that he is very much in favor of it and would appreciate the same consideration for a mural on Brookletts Avenue.

The Town Attorney stated that he will be in touch with Ms. Zuelke.

At 7:45 P.M., the President of the Council opened the Public Hearing to discuss proposed amendments to the Zoning Ordinance of the Town of Easton. Specifically, the proposed amendments would revise Section 608.4, Miscellaneous Uses, (5) Storage of boats, travel trailers, motorcycles, jet-skis or other similar recreationally used vehicles (on residential lots); and add a new Section 608.4, (6) Storage of Commercial Vehicles Prohibited on Residentially Zoned Lots. In addition, a new definition would be added to Article IV for Commercial Vehicles.

The Town Attorney stated that this is a matter which has been before the Town Council numerous times in the last several months. Mr. Kehoe discussed the current provisions of the Zoning Ordinance pertaining to the storage of recreational vehicles. He discussed the background of the amendments. Mr. Kehoe stated that the Ordinance would allow someone who has rear yard access by an alley to store their boat or trailer in their rear yard. Mr. Kehoe stated that if there is no alley, the boat can be stored in the side or rear yard. He stated that side yard storage would not be allowed between the gable end of your house and the street. Mr. Kehoe stated that the Town does not allow storage of boats or trailers on the street.

The Town Planner clarified Section 5C regarding the front plane of the house. He suggested stating the closest portion of the house. The Town Planner stated that he did not advise implementing Section D, the variance process. He discussed the difficulties in trying to adopt the grand fathering procedure.

Mr. Heinmuller stated that he has concern over the long term practice and changing the rules and residents’ rights after they have stored their vehicles for some time.

The Town Planner stated that the rules in place now are basically universal with other towns. He stated that enforcement is mostly based on complaints.

The President of the Council asked for Council comments or questions. There were none.

The President of the Council discussed the fact that the one thing that he has a problem with, is that he would not be able as his yard is laid out, to store any recreational vehicle.

The President of the Council discussed the rules of the Public Hearing. He opened the Public Hearing up for audience comments and questions.

Mr. Ron McCarty, 29554 Golton Drive, stated that he knows that this is a hard process and that there are a lot of different situations. He asked the Council to consider the grand fathering portion of the Ordinance so that he would benefit due to his corner lot situation.

The President of the Council asked if there were any other comments. There were none.

Mr. Mayer stated that it is a hard decision for him. He stated that the grand fathering clause and the variance would be the way to work.

Mayor Butler stated that in this case we are getting into the situation where there is too much government in the Town of Easton. Mayor Butler stated that we are putting one neighbor against the other if we pass something like this.

The President of the Council asked for additional comments. There were none.

The President of the Council closed the Public Hearing at 8:09 P.M. He stated that the record would be left open for written comments until the close of business on Friday.

The President of the Council brought a memo to the floor from Mr. Rich Warfield, Administrative Support Supervisor regarding the bids received for the sale of the Public Works T-17 vehicle. He asked if there are any questions.

Mr. Mayer asked what condition the vehicle is in. The Town Engineer stated that it is in good shape.

Mr. Mayer moved accepting the bid for $5,100 for the sale of T-17, seconded by Mr. Heinmuller and carried unanimously.

The President of the Council brought a memo to the floor from the Town Clerk regarding the retriever demonstration during the Waterfowl Festival. He stated that the Waterfowl Festival has requested permission to hold the demonstration at the Bay Street Ponds instead of Easton Club. The President of the Council asked for questions or comments. There were none.

Mr. Mayer moved approval to hold the retriever demonstration at the Bay Street Ponds seconded by Mr. Ford and carried unanimously. The President of the Council stated that the Waterfowl Festival should be in contact with Capt. Blue of the Easton Police Department.

The President of the Council brought a request to the floor from the Lions Club to place picnic tables in Thompson Park during the Waterfowl Festival.

Chief Harvey stated that the Police Department does not support that idea.

The President of the Council asked that Mr. Cronshaw and Mr. Kenney be notified that there is some concern. Chief Harvey stated that the Department had been in contact and he feels his suggestion will be acceptable.

The President of the Council asked the Chief to get this worked out with the Lions Club.

Mayor Butler stated that he is getting ready to attend the MML Fall Legislative Conference next week and he would be glad to carry concerns.

Chief Harvey stated that he had a request from the American Heart Association to hold a heart walk November 5 from 1:00 P.M. to 3:00 P.M. He stated they will be Using Oxford Road from Easton Club to the Oaklands Road and back again. He stated that they are expecting 200 to 250 people. Chief Harvey stated that they have received permission from Easton Club to use their pavilion. He recommends approval.

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

Chief Harvey stated that they have a request from Christ Church for relaxing of the parking restrictions during the Annual Fall Sale on October 19. He stated that they will have placards on the windows. Chief Harvey stated that they are requesting relaxing parking restrictions on Harrison Street from October 16 through October 20.

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

Chief Harvey stated that during the last meeting, the Department had a request from the Country School for fireworks display on October 27. He stated that as of this date, the Country School has not heard from the Fire Marshal.

The Town Engineer stated that construction on Brookletts Avenue has begun this week between Hanson and Aurora, which may end through the end of November. Mr. Glass stated that they anticipate starting on South Street from Locust to the Rails-to-Trails dead end in about three to four weeks.

The Town Engineer stated that on the Utilities side, they plan to move into their new Consolidated Office Building on October 20. He stated that the Mayor and Council are invited to a ribbon cutting which is to occur on October 23. Mr. Glass stated that formal invitations are forthcoming.

The Town Attorney stated that he serves on the Governor’s Task Force on regulatory reform. He stated that the Town of Easton was cited by the Maryland Municipal League to the Task Force as one of the leading examples of a local jurisdiction that uses the Internet to make its environment more business friendly. He stated that what was specifically cited was that the Town has its Charter and Code available on the Town’s website.

The Town Attorney stated that he has four items to discuss in Executive Session. He stated that one involves litigation, one a personnel matter, and two issues involving the advice of counsel.

Mr. Ford questioned when Halloween would be observed in the Town of Easton. The Chief stated that it would be October 31.

Mr. Ford reminded the Council that next Monday at 7:00 P.M. at the Avalon Theatre, the Town of Easton will be hosting Mr. Ed McMahon as the featured speaker of the update of the Town’s Comprehensive Plan.

Mr. Heinmuller asked the Council to put on their long-term calendar a meeting with Johns Hopkins to discuss Smart Code. He stated that this discussion will occur in the Council’s Chambers on October 19 at 4:00 P.M.

The President of the Council discussed the Council’s upcoming calendar.

The President of the Council brought a letter to the floor from the Talbot County Humane Society requesting a refund in the amount of $4,966 for the permit fee associated with major renovations.

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

At 8:26 P.M., Mr. Mayer made a motion to adjourn into Executive Session, seconded by Mr. Heinmuller and carried unanimously following a roll call vote.

There being no further business, Mr. Ford made a motion to adjourn, seconded by Mr. Mayer and carried unanimously.

At 8:51 P.M., the President of the Council adjourned the regularly scheduled Council meeting.

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Town Clerk