November 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 and Mr. Reed. Also attending the meeting were Mayor C. Eugene Butler, Town Engineer Mr. Glass, Assistant Town Engineer Mr. Gruber, Mr. John Garlick, Town Planner Mr. Hamilton, Chief Harvey and Town Attorney Mr. Kehoe.

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 November 6, 2000 meetings as written, seconded by Mr. Reed, and carried unanimously.

Ms. Carolyn Jaffe was present on behalf of First Night Talbot. She stated First Night Talbot has been working with the Easton Police Department on arrangements for the celebration. Ms. Jaffe stated that they have a permit for fireworks display. Ms. Jaffe discussed the events scheduled for that evening. Ms. Jaffe asked for questions or concerns.

Chief Harvey stated that they have not received their copies of the fireworks permit.

The Town Engineer discussed the Goldsborough Street widening. The Town Engineer stated that Mr. Mayer had requested that the traffic patterns be addressed on Goldsborough Street. Mr. Glass displayed a diagram displaying what the plans are for Goldsborough Street. The Town Engineer discussed the options for consideration. He discussed the impacts to properties which Mr. Glass stated were minimal. The Town Engineer stated that they need to go out and perform a count to determine what the stack distances are for a peak hour during the day to determine the length on the left turn lane. The Town Engineer discussed options on the Hardee’s side of Matthewstown Road. He stated that he had spoken with State Highway Administration regarding their willingness to participate with these modifications and had received positive comments. Mr. Glass stated that preliminary numbers would put the estimated cost around $75,000 with allowances for landscaping, paving, etc. He stated if the Council is inclined, the next step would be to schedule re-striping and get started on a traffic count.

Mr. Mayer suggested doing a traffic count on a Friday between 4:00 P.M. and 6:00 P.M.

The President of the Council suggested forwarding a copy of the results of the traffic count to the Traffic and Parking Commission.

Mr. Ford suggested looking at ways to slow traffic speed on Goldsborough Street.

Chief Harvey stated that if 11-foot traffic lanes became a reality, tractor-trailers and similar vehicles would be restricted and may cause accidents.

The President of the Council stated that he felt it is appropriate to continue but he thinks it is important to involve all the various groups.

Mr. Glass stated that he would be presenting a request for a pavement grinder or a mini milling machine to remove striping and to grind down sidewalks.

The Town Engineer welcomed Mr. John Garlick to the Town of Easton staff as Rental Housing Inspector. Mr. Glass stated that Mr. Garlick had been with Easton Utilities for 13 years. Mr. Glass asked permission to authorize Mr. Garlick to issue Municipal Infractions. Mr. Glass stated that Mr. Garlick would also be serving as Assistant Building Code Official.

Mr. Garlick thanked the Town Engineer for the opportunity and stated that he is glad to be part of the team.

Mr. Mayer moved approval of the Town Engineer’s request to appoint Mr. John Garlick as Rental Housing Inspector seconded by Mr. Reed and carried unanimously.

At 7:15 P.M., the President of the Council opened the Public Hearing to consider Resolution No. 5716 which, if enacted would extend the current tax abatement for the properties involved in the 1991 annexation by the Town for an additional ten years or until the properties are connected to water and sewer. The properties are the Dudrow farm and the smaller properties adjacent to the property located on Maryland Route 33.

The Town Attorney briefed on the history of the annexation which occurred in 1991. He stated that this is a policy matter due to Maryland law.

The Town Planner stated that the majority of the property does not have water and sewer although the property bought by Mr. Tom Wright on Brooks Drive does have water and sewer.

Mr. John Murray was present on behalf of Grayblock Ribbon Company. Mr. Murray stated that the properties that are the subject of tonight’s hearing were annexed in March 1991. He stated that everyone expected sewer to be connected which hasn’t happened. He stated that the ten-year limit expires in May. Mr. Murray stated that the owners of these properties have ongoing costs associated with maintaining and repairing their existing septic systems. Mr. Murray stated that for these reasons, they are asking the Council to grant an extension of the abatement. He stated that they are asking again for the earlier of ten years or until the extension of sewer.

Mr. Mayer asked if Grayblock has ceased operations. Mr. Murray stated that they have stopped production. He stated that the owners are looking at leasing the building for an appropriate use.

Mr. Bruce Armistead was present on behalf of the Dudrow family. Mr. Armistead clarified that there are no services that were not in existence prior to the annexation. He stated that the initial request for annexation came from the Town. Mr. Armistead reviewed the history of the annexation. Mr. Armistead stated that due to the Dudrows agreeing to the annexation, under the Maryland Code were required to forfeit an agricultural tax assessment which caused their county taxes to go up substantially. Mr. Armistead also stated that a request for hunting on their property had been denied. Mr. Armistead stated that the Dudrows have incurred negative impacts as a result of the annexation and that they are requesting for a further extension of the abatement on the same terms as originally proposed

The Town Planner stated that the annexation was generated when Grayblock wanted to come into Town to get sewer because of a problem with their sewer.

The President of the Council opened the public hearing for comments. There were none.

The President of the Council stated that they would leave the record open until Friday, 4:00 P.M. for additional comments.

The President of the Council introduced Resolution No. 5716, "A RESOLUTION OF THE TOWN OF EASTON AMENDING RESOLUTION NO. 5254 IN ORDER TO EXTEND A PROPERTY TAX ABATEMENT FOR CERTAIN PROPERTIES ANNEXED BY THE TOWN IN 1991" for a first reading.

The President of the Council brought Ordinance No. 419 AS AMENDED, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE EASTON ZONING ORDINANCE TO REGULATE THE STORAGE OF BOATS, TRAILERS, SIMILAR ITEMS AND COMMERCIAL VEHICLES IN EASTON" to the floor.

The Town Attorney stated that right now our Zoning Ordinance provides that a resident may store passenger vehicles on residential property, not more than one of each type and that storage must occur in the rear yard. The Town Attorney stated that after this was enforced, there were comments to members of the Council that the provision was unduly harsh and a real burden. Therefore, the Council instructed the Town Planner to suspend enforcement of the ordinance pending decisions on how to proceed on this matter. The Town Attorney stated that if the council decides to do nothing in this regard, a decision would have to be made whether to continue the current suspension of enforcement of what is on the books. He stated that if this is the case, his recommendation would be to repeal the existing storage provisions. The Town Attorney stated that if this is not what the council decides, the Town staff would go back to enforcing the zoning ordinance by a case by case basis as complaints are being considered.

Mr. Ford moved Ordinance No. 419 As Amended for passage.

Mr. Ford stated that the existing ordinance if enforced, would only be rectified through a variance process. He stated that with this Amended Ordinance 419, the same specific cases would still require a variance. Mr. Ford stated that his feeling about this ordinance is less onerous to those who would like to store a recreational vehicle on their property.

Mr. Mayer seconded Mr. Ford’s motion. He stated that he has no problem using a variance as solving some of the people’s problems. Mr. Mayer stated that his problem is with burdening someone with the costs associated with variances. He stated that he feels like the Town is penalizing some people who have had their recreational vehicle on their property with no complaints. Mr. Mayer stated that his second would include a one-time variance at no cost.

Mr. Reed stated that he does not think there will be that many variances. He stated that he did not want to weaken the position as a town on what is expected. Mr. Reed stated that the Town is not suited to make more arrangements with fewer fees unless other revenue sources are defined. Mr. Reed stated that he would be against doing a variance without a charge.

The Town Attorney stated that the clearest way to do this is to first consider Mr. Mayer’s request to amend the ordinance and see if it gets a second. The Town Attorney stated that if it gets a second you would vote on the amendment which would be as he understands it to put language into the ordinance saying that you could apply for a variance without charge, one time. The Town Attorney stated that if that fails, then Mr. Mayer’s proposal is by the wayside. Then you are back to Mr. Ford’s proposal to pass the ordinance on the agenda tonight.

Mr. Ford asked for clarification on the amendment. Mr. Mayer stated that it is for residents that will be affected by the change right now.

Mr. Mayer made a motion to amend the ordinance by allowing residents to ask for a variance based on this ordinance for one time only with no fee to get approval to store their recreational vehicle. Mr. Mayer stated that if they are turned down, they would have to pay for a variance as well as new residents moving into the area.

Mr. Ford seconded Mr. Mayer’s motion, which was carried with Mr. Reed voting no.

The Town Attorney was instructed to amend the ordinance.

The Town Planner asked for clarification on how to tell if a vehicle is in the yard or if they are eligible for the free variance.

The Town Attorney stated that the ordinance could be left alone with separate instructions for the Town Planner and Town Clerk and a date of finality.

It was the consensus of the Council for a March 1 deadline for variance applications.

The President of the Council brought a memo from the Mayor to the floor regarding the draft of the Human Relations Committee structure.

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

Mr. Mayer stated that he felt that an Asian-American representative should be added to the Committee and/or a Native-American.

Mr. Ford suggested distributing the Draft to some of the participants that initiated the first meeting regarding racism for additional comments.

Mayor Butler stated that this has been done. He asked for Council’s approval this evening. Mayor Butler stated that he would like to begin the selection process.

Mr. Ford stated that he would prefer to wait until December 4 to allow people watching tonight’s meeting the opportunity to get a copy of the document.

The President of the Council suggested including an Asian American and Native-American to the selection process.

It was the consensus of the Council to accept candidate applications for approval for the Human Relations Committee.

The President of the Council brought a memo to the floor from the Town Clerk regarding Deferred Compensation Match for the FY June 30, 2000. The President of the Council asked for questions. There were none.

Mr. Ford made a motion to approve the Town Clerk’s request for a deferred compensation match seconded by Mr. Mayer and carried unanimously.

The President of the Council brought a memo from the Town Clerk regarding a change in the Town of Easton Employee Handbook. The President of the Council asked for questions.

Mr. Mayer asked what is the major purpose of the change.

The Town Attorney stated that the request is for a change in the random drug testing for all employees.

The Town Clerk stated that the Town Engineer has requested this change for the public works department. He stated that the Town Engineer feels it is not in the best interest of the Town to have only certain employee categories subject to drug testing. The Town Clerk stated that discussions have been held with the Mayor and that basic fairness would require all departments to be treated equally with this change.

Mr. Mayer moved approval of the Employee Handbook change.

Chief Harvey discussed concerns with the section pertaining to searching employee’s personal vehicle.

The Town Attorney suggested moving ahead with the proposed change and addressing the Chief’s concern at the next meeting with a specific solution.

Mr. Mayer made a motion to approve the change in the Town of Easton handbook, seconded by Mr. Ford and carried unanimously.

The President of the Council brought invoices to the floor totaling $430,429.61 for approval of payment.

Mr. Mayer made a motion to approve payment of the invoices, seconded by Mr. Reed and carried.

Mr. Mayer made a motion to release the audit as presented in the workshop earlier this evening seconded by Mr. Ford and carried.

The President of the Council asked if there was anyone present from the Fire Department. There was no one present at this time.

Mayor Butler wished everyone a happy Thanksgiving and stated that we have a lot to be thankful for.

Chief Harvey briefed on Police Department activities. He wished everyone a happy Thanksgiving. He discussed activities at the firing range and annual qualifications. Chief Harvey stated that state law requires the department to be proficient nighttime and daytime shooting with the weapons they carry.

The Town Engineer updated on the Rails-to-Trails Project northern extension project. Mr. Glass stated that they have updated the drain lines on Dover Road near Annapolis Paint. He stated that the Public Works Department is planning to pour curbs on South Street next Monday. He stated that they are also beginning their annual paving before the asphalt plant shuts down. Mr. Glass stated that garbage collection for Thursday will be accomplished on Friday as well as Friday’s route. He encouraged residents to refrain from putting trash out before 5:00 P.M.

The Town Attorney wished everyone a very happy Thanksgiving.

The President of the Council asked if there was anyone in the audience that had matters to bring before the Council. There were none.

Mr. Ford and Mr. Mayer echoed the happy Thanksgiving sentiments. Mr. Reed reminded everyone not to each too much.

The President of the Council reminded the Council of their upcoming schedule.

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

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

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Town Clerk