December 18, 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. Heinmuller, and Mr. Reed. 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 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 December 4, 2000 meeting seconded by Mr. Heinmuller, and carried unanimously.

Mr. Willey asked if there were any questions regarding the memo from the Town Clerk regarding Tax Assessment and Abatement procedures.

Mr. Kehoe, Town Attorney, stated that at the previous meeting there was a question about the procedures. He continued saying that he reviewed the procedure and that he supported what the Town Clerk proposed.

Mr. Heinmuller stated that he had an amendment to the letter. He stated that in the past, the council has approved tax abatements and looked at everything from six and seven dollars or less to several thousands of dollars. The abatements that are several thousands of dollars catch your eye. He stated that he also agrees with Mr. Karge that the council is wasting their time by looking at the six or seven dollar abatements. He suggested that he would like to modify Mr. Karge’s suggestion to say that any individual who is receiving more than five hundred-dollar tax abatements would be listed and the situation would be handled as of now. Also if there are tax abatements for an organization for two or three years, he would like to modify that if the organization has been receiving abatements for three or more years, that they would come to the council for a review.

Mr. Kehoe stated that the Town Charter provides that the Town of Easton uses information from the State Department of Assessments and Taxation. When the State Department of Assessments and Taxation revises its figures, we out of custom have responded with a resolution. Although the Town does not need the resolution, it is still required to change all of our assessments. Perhaps, to accomplish Mr. Heinmuller’s idea, Mr. Karge would simply inform the council of these changes because the Town of Easton is already tied into the provision because of our Town Charter. The way that the Department of Assessments and Taxation provides the information to the town the changes are much self-executing. The council does not have to take any legislative steps to accomplish it, which is separate and apart from your being kept aware that these things are going on. Mr. Kehoe stated that he thought that goes to the heart of Mr. Heinmuller’s comment, which is a valuable process to continue.

Mr. Heinmuller stated that he would then amend the concept, the idea for him, makes a lot of sense. There would be a memo from Mr. Karge based on the parameters he suggested or ask the council to make other parameters that appeal to them. At any rate a memo would be sent and be listed on the agenda.

Th consensus of the council was to adopt the Town Clerk’s suggestion.

The President of the Council brought Ordinance No. 418 (As Amended), "AN ORDINANCE OF THE TOWN OF EASTON AMENDING TABLES 5.1 (TABLE OF PERMISSIBLE USES) AND 6.1 (PARKING DIMENSIONAL REQUIREMENTS), AND SECTIONS 402 (DEFINITIONS), 510.4D(1) (PLANNED REDEVELOPMENT OVERLAY REVIEW PROCESS), 601.5 (ACCESSIBLE PARKING STANDARDS) 603 (SIGNS), 608.2a (SUPPLEMENTAL STANDARDS) 801.3C (ZONING CERTIFICATES), 806.3 (SITE PLAN REQUIREMENTS) AND 809B (VIOLATIONS) OF THE TOWN OF EASTON ZONING ORDINANCE AND SUBSTITUTING THE TERM "MAJOR RETAIL" FOR THE TERM "BIG BOX" THROUGHOUT SAID ORDINANCE to the floor. He asked if there were any questions on that ordinance.

Mr. Reed stated that he just wanted to check for information on the non-conforming signs and structures. The ordinance stated that if any sign has been ordered removed by the Zoning Administration or by Administrator or is abandoned or discontinued should be removed by a person from the corporation responsible for the sign within 30 days of written notice. He went on to ask if there was any fine that goes with that procedure.

Mr. Hamilton, Town Planner stated that sign regulations are subjective the municipal infraction clause. If he sends them a letter saying that their sign is non-conforming, then it has to come down. If they do not take it down, the remedy would be to file a municipal infraction.

Mr. Mayer made a motion to approve Ordinance No. 418. Mr. Ford seconded and carried unanimously following a roll call vote.

Mr. Willey brought Resolution No. 5725, AUTHORIZING THE MAYOR AND TOWN CLERK TO OPEN A WORKING CAPITAL MANAGEMENT ACCOUNT to the floor. He asked if either Mayor Butler or Mr. Karge could in 50 words or less tell what the resolution is about.

Mayor Butler stated that he would turn it over to the Town Clerk.

Mr. Karge stated that the Town of Easton had received a proposal from by Merrill-Lynch. The account allows the Town some options that are not available now. He stated that the Mayor and he both believe it will make things easier.

Mr. Willey asked what were the business cards.

Mr. Karge stated that is would give the Town the ability to issue cards to department heads. They are like credit cards.

Mr. Willey asked if there were any questions.

Mr. Ford made a motion to approve Resolution No. 5725, seconded by Mr. Mayer and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5726 authorizing the Town Clerk to abate taxes totaling $1,070.10 to the floor.

Mr. Mayer moved Resolution No. 5726 for passage, seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought a memo from the Town Engineer requesting approval to purchase a Surface Planer.

Mr. Glass stated that the Surface Planer was not allotted in the capital budget this year; however there is a surplus of $5,100 for the sale of a dump truck. He also stated that the issue goes back to the presentation on Goldsborough Street. Mr. Glass discussed the uses of the machine. In some cases, we can correct some of the trip hazards by using this machine.

Mr. Glass stated, the public works employees will be utilizing this daily have been recommended that we get this in the inventory.

Mr. Glass discussed the life of the unit.

Mr. Mayer moved for approval to buy the Surface Planer seconded by Mr. Reed and carried unanimously.

Mr. Glass also discussed the Goldsborough Street options. He stated that there were two additional speed limit signs installed two weeks prior to the last meeting. The signs were installed as you approach the rails-to-trails on either side. One of the things that have been looked at for traffic calming measures. Mr. Glass stated that he would also like to do something like this on Brookletts Avenue. Brookletts is a very wide street as well and cars will have a tendency to drive a little faster over there too. A cross section will be added at Chapel Road. The cost on these issues will be $6,600.00.

Mr. Mayer stated that the issue was very interesting for Goldsborough Street because the first slow down is when you get to Merrick Lane because the street narrows, then you make your bend and you come to this end and it will be another slowing technique, then you have the traffic light at Aurora and Goldsborough Street. They are getting patterns of slowing down and that’s good and it is very efficient.

Mr. Ford stated that something needed also is pointing out the crosswalk.

Mr. Mayer stated that one of things he noticed that Mr. Glass was talking about was Brookletts Avenue. The signs on Brookletts indicate that there is a crosswalk and a rails-to-trails and they are so far up the street on both sides, and most cars probably would not even see the signs. The sign coming from in town, going out is almost down the block and a half from it, down away from the old feed mill and if you do not look for it, you will not see it. You are on the intersection before you see it. The other side is almost on Park, they are just too far away, they need to be moved closer. It would hurt in all three of these cases if the signs were duplicated one more time closer to the intersection. It would be a big help.

Mr. Ford asked Mr. Glass if there was potential funding outside the town budget for any of those intersections.

Mr. Glass stated that there was not any funding that he could think of that was outside the town budget.

Mr. Ford asked not even for Dover Street.

Mr. Glass stated no. He also stated that the reason Dover is included is because it’s a part of the overall streets.

Mr. Mayer asked with the improvement of the Surface Planer, is the next step is probably trying four street divisions from Merit down to the intersection.

Mr. Glass stated that he would like go ahead and plan out restriping that area. He stated that do temperatures would need to be around 50 degrees in order for anything to stick.

Mr. Mayer asked if the machine would help with the restriping.

Mr. Glass responded by saying that if there were at least two or three days, then the restriping would probably take place.

Mr. Heinmuller stated that while driving down Washington Street, he noticed that coming up from Goldsborough Street riding her bicycle, apparently was one of the people who had testified about the problem on Goldsborough Street. He looked down at the speedometer on his truck just to make sure that he was doing the 25-mph speed limit. When he rode past her, he was doing 25 mph, but that is pretty fast for someone who may be riding a bicycle. He also stated that he thought that some people do not realize that 25 mph is a lot faster than it seems, especially if they are not drivers and are not used to driving.

The President of the Council brought the letter from Chief Chance, EVFD requesting permission to use the house for training purposes to the floor. The house that Chief Chance wished to use is the old house at the end of Plum Street. He also stated that he assumes that they do not want to burn the house, but use it for rescues and smoke training.

Mayor Butler stated that it is not against the law to burn it if they want to have smoke drills and fire drills, and they may hold a county drills.

Mr. Willey stated that he would suggest that, if the council is inclined to approve the EVFD using the house, that the Fire Department get all the necessary permits.

Mr. Ford asked if there was someone from the Fire Department present at the meeting, then he would like someone from the Department to explain exactly what the frequency and exactly what takes place during these drills, and how often they would take place.

The President of the Council stated that there was nobody present from the Fire Department at the time, someone would be present at the next meeting. Also, it would be a good time to have Kelly Jones there so the Town Council could meet him.

Mayor Butler stated that it all depends on what kind of drill is going to be conducted.

Mr. Ford asked how often throughout the year the fire drills would occur.

Mayor Butler responded by saying that the Fire Department is still looking for houses to hold the drills in.

The President of the Council brought forward another letter from the Fire Department asking approval of Brian Kelly Jones as Chief for the year 2001.

Mr. Mayer motioned for approval of Brian Kelly Jones as Chief, seconded by Mr. Reed and carried unanimously.

Mr. Hamilton brought a letter from Mr. Thomas P. Roane, Vice President, Lenfest at Mulberry Station, LLC requesting easement for placement of signs to the floor. He stated that he was unable to get Mr. Roane on the telephone to ask for some sort of rendering of what the signs will look like. He also stated that the council might recall approving a license within our right of way for them to put an entrance sign. The location proposed encroaches on an utilities easement. Mr. Hamilton does not know what these signs look like, apparently they will just be the name "Mulberry Station," one pointed in one direction, and the other pointed in the other direction.

Mr. Reed questioned Mr. Hamilton about non conforming signs.

Mr. Hamilton stated that he would obtain a rendering of the sign.

Mr. Reed asked Mr. Hamilton if he had found out who was going to keep the up keep with these signs in the property and lots around the signs.

Mr. Hamilton responded by stating that he was sure that the subdivision would take care of its sign.

Mr. Mayer stated that he thought that the council should see it again this time just to make sure it looks correct.

Mr. Willey stated that he would like to see a rendering and approximate position of the signs.

Mr. Hamilton asked if the council would like for him to bring the rendering of the signs to the next meeting or should he try to get them to the council before the next meeting and see if Mr. Karge would poll the council.

Mr. Heinmuller stated that it would be based on whatever Mr. Roane’s requirements or needs were in this case.

The President of the Council stated that there seemed to be some confusion with the Traffic and Parking Commission. He stated that if the group were to be reappointed, the council missed the date to reappoint them. He was pleased with the work they were producing, plus the reporting that was done on any findings they had. If the date were missed to reappoint them, Mr. Willey would like to see them reappointed with the approval of each one of the members that were on the first commission; he would like to have them reappointed.

Mr. Ford stated that he would like to add to what Mr. Willey said, stating that with the beginning of the visioning process for the comprehensive plan, there is a transportation element in that plan and the traffic board would be invaluable.

Mr. Willey stated that he had heard of very little problems with the commission, pending their approval, he would like to see them all reappointed.

The President of the Council brought invoices to the floor totaling $493,724.42 for approval of payment.

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

The President reminded everyone present that the meeting will take place on January 2, 2001. On January 15, 2001, Town Offices will be closed due to the Martin Luther King Jr. holiday. On January 16, 2001, the Eastern Shore Dinner will take place; therefore, the council meeting will take place on January 17, 2001.

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 stated that there was an important meeting that would be taking place on December 19, 2000 for the West Kennedy Street residents to discuss the annexations out there. In addition, on December 21, 2000, the Town Offices will be distributing turkeys to all Town of Easton employees and retirees. In conclusion, Mayor Butler wished everyone a Merry Christmas and a happy, healthy, and prosperous New Year.

Chief Harvey discussed the toy drive bebythe Easton Police Department. A total of 19 families, 44 children were assisted. He had a discussion with the organizers of the program, they were thankful for the Police Department’s involvement in the program. He wished everyone happy holidays.

The Town Engineer had a couple of reminders for everyone. Mr. Glass stated that trash pick-up will be continuing as normal on Friday, December 22 although it was a town holiday. He also stated that because of the Christmas holiday being on a Monday, the trash schedule will be accomplished on Tuesday, and Tuesday’s route would be accomplished on Wednesday. The schedule will be the same for New Year’s. He gave updates on some construction projects. He stated that the final surface of pavement on South Street between Locust Street and the Rails-To-Trails would be completed in the spring when the weather improves. Brookletts Avenue is complete, but there is some minor clean up needs to be done. The Public Works department is prepared for the snow. There will be two additional units that will be staying on the East Side of Rt. 50. Due to the limited number pieces of equipment last year, the routes in town had to be assigned to various areas on the East Side of Rt. 50. This year there will be three designated areas, and two snowplows will be running north of Dover St. inside of Rt. 50 to the west, two plows running south of Dover St. and other areas of the town. He wished everyone a Merry Christmas and happy holidays.

Mr. Heinmuller asked Mr. Glass how close was the cable change at this point.

Mr. Glass stated that there are certain areas of the town that are being transferred over neighborhood by neighborhood. Those neighborhoods are being notified. There are webcrawlers on Channel 15 and The Weather Channel. There is also a hotline at Easton Utilities to call to get the latest information. In order to make the transition run smoothly as possible, certain designated areas are being done.

The Town Attorney wished everyone a Merry Christmas and Happy New Year. He stated that everyone should see the Maryland Municipal League article about Paul Getzke, who is the City Attorney for Annapolis. In August, Mr. Getzke was involved in a very tragic accident, and has become very seriously handicapped. There will be a fundraiser for him in January in Annapolis to try help him with his rehabilitation. He stated that he would like the Mayor and Council to consider making some sort of contribution to that fund.

The President of the Council stated that at the previous council meeting, he asked if the possibility of new annexations into the Town of Easton would be looked into.

Mr. Kehoe stated that is something that was indicated that the council does not wish to see annexations coming forward with tax abatements. If the council wishes, they could make a charter amendment to prohibit these. Mr. Kehoe suggested that the council did not do that because there may be one situation that presents exceptional circumstances. From now on, he will see that real estate taxes and personal property taxes are imposed upon annexation.

Mr. Willey stated that several months ago he had asked for the Planning, and Zoning’s recommendation on impact fees. When the Council comes back next year, he wants to start getting back on the council’s suggestions for what they want to see completed before the end of the council year.

Mr. Kehoe stated that Mr. Hamilton, Mr. Thomas, Mr. Glass, and he had prepared to report to the Planning and Zoning Commission and to the Council as part of the visioning, process. It outlined various options that the town has before it with regard to kinds of impact fees and related sorts of fees using impact fees in a broad sense as cost shifting measures from the municipality and the tax payers to the developer or the people who buy homes or properties within the development. He stated that he could come back with a report with as great or as little detail as the council would like to see. It is a very complicated process with a number of different options that the town has available to it. The visioning process, redoing the Comprehensive Plan and the Zoning Ordinance is a way to help ties those things together.

Mr. Willey stated that he just wanted to get it formalized.

Mr. Kehoe stated surely that just so the members of the public and the council knew, the Town of Easton, through Easton Utilities Commission already in effect, imposes that sort of contribution process on developers by making developers connect their subdivision to the nearest existing infrastructure connection points in the town’s water and sewer system. Depending on the subdivision that is a major expense.

Mr. Hamilton stated that the Planning Commission in their first visioning meeting, on December 13 went over the growth report, and went over the broad topics. The group that was present, which was about forty people, indicated that the town should pursue each and every one of those options, and impact fees was one of those options.

The President of the Council wished everyone a great holiday season. He thanked everyone for their support this year. He stated that this has been a good year, there were a lot of great things that happened this year, including the appreciation dinner for the volunteers, the various functions started with the First Night Talbot, and the Dickens of Christmas.

Mr. Ford stated that there had been a couple things mentioned. The next visioning meeting is scheduled for January 10, 2001 in the Council Chambers at 7:00 P.M. At the previous meeting questions were asked, and at the next meeting hopefully, the council will be getting answers on how best to involve the community at large and gather input. If anyone listening would like to be apart of that effort, the meeting on January 10 is the time. He wished everyone a happy holiday season, and a safe and prosperous one.

Mr. Mayer echoed the happy Holidays. He also stated that the town works well together, and because of that, we have the type of community that we all are very proud of and glad to live in. Every person who puts that effort into this community, it seems to calumniate together when we get to the holiday season. The only thing he could add to is that he has been going to a lot of really great functions, but the one that most impressed him last week was the annual police luncheon and promotion ceremony. The luncheon will be aired as a program on Channel 15. Anyone who watches will be most impressed because the police department is a totally different police department than it was even four years ago. These people really care and enjoy doing their work, and they really feel that what they are doing everyday is making this community better. Once you see that, and listen to what happened and some of the very interesting stories that come out of that, you will have a pride about your community growing again. In conclusion, all this comes together to make this time of year even better for us.

Mr. Reed seconded what Mr. Mayer said about the police department’s awards program. He suggested watch it on Channel 15 and see the type of people that we have on our police force and the excellent job they are doing. One request he had of the Chief, he would like to see the young man who is thirteen years old, brought to the council meeting so that more of the public could see what our young people are really like. He wished everyone a happy holiday and a real prosperous New Year. He stated that he hopes that town could have a prosperous New Year too. He would like to keep up the group of volunteers and add more volunteers. Without them, we wouldn’t be where we are today in the Town of Easton.

Mr. Heinmuller stated that he would like to wish everyone a wonderful Christmas. He stated that it has been quite a year. As of this meeting, the last meeting before the change of the millenium, the council has gotten rid of the term "big box," it is now "major retail." Passing that ordinance and changing the language give a little more clarity to what the council has in mind and a little more clarity as to what the council is trying to provide for the citizens. The visions for the future, the January 10th meeting is something he hopes more and more people will attend those meetings and put their two cents worth in because it is important to come and tell what their thoughts are. He would like to see some fresh new faces and new ideas. Finally, we are going to charge out of this millenium and enter 2001 with a First Night Talbot celebration. Anyone who wishes, can come out and enjoy this great experience through the town. The celebration will start somewhere around 6:30 P.M. Buttons will be available at the Avalon Theater, there are other merchants who will be selling those buttons for a nominal fee. There will be a lot of great entertainment, and an opportunity for families to really enjoy the New Year’s eve, and culminate with fireworks and a memorance of what may have gone on throughout the year toward midnight’s time. He wishes that everyone take the opportunity to come out and enjoy that great experience, it’s just a lot of fun.

The President of the Council asked if there was anyone in the audience that had matters to bring before the Council.

Mr. Lee Denny stated that he had mentioned to Mr. Thomas, Assistant Town Planner and he wanted to extend to the council on behalf of the Chamber of Commerce, their government and regulatory committee, every member has volunteered to join the visioning committee. There was a conflict with the rotary function at their last visioning meeting, but he will pass those names along. He stated that he had also shared that if there is any resources that the Chamber of Commerce can offer, maybe a mailing list of members, than they would be happy to provide that and do whatever they can for the business people who are watching Channel 15. He couldn’t think of anything more important that any of us could do for the future of this town and get involved in the visioning and shaping the future of this community so we can find the right balance.

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

At 7:51 P.M., the President of the Council adjourned the regularly scheduled Council meeting.

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Town Clerk