March 19, 2001

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, Assistant Town Engineer Mr. Gruber, Town Planner Mr. Hamilton, Assistant Town Planner Mr. Thomas, Chief G. Harvey, Public Works Supervisor Mr. Hause, Town Attorney Mr. Kehoe, and Assistant Town Attorney Ms. Van Emburgh.

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 March 5, 2001 meeting as written, seconded by Mr. Reed, and carried unanimously.

Mr. Mayer presented Mr. Edward I. Patchett with a proclamation honoring his supervision of the town elections since 1993. The proclamation designates March 20^th to be "Mr. Edward I. (Pete) Patchett Day" in recognition of his dedication and service to the Town of Easton.

Mr. Heinmuller presented the Easton Police Department with a proclamation in honor of their service to the town. The proclamation designated the week beginning on Sunday, March 25^th to be the "Easton Police Department Week."

Mr. Ford presented the Easton Volunteer Fire Department with a proclamation in honor of their performance throughout the town of Easton over the past years, since its establishment in 1808. The proclamation designates the month of April 2001 "Easton Volunteer Fire Department Month," in recognition of the long and exemplary service to others provided by the department.

Mr. Willey asked if there were any questions concerning the memo from Mayor Butler to approve the Board of Election Canvassers.

Mr. Mayor made a motion to approve the Board of Canvassers, seconded by Mr. Heinmuller, and carried unanimously.

Mr. Willey asked if there were any question concerning the appointment of Mr. John Merceron to the Easton Utilities Commission

Mr. Heinmuller stated that Mr. Merceron was a neighbor of his. He stated that he is an excellent candidate and an excellent choice. He stated that he hoped that the council supports the Mayor’s recommendation.

Mayor Butler stated that he has worked with Mr. Merceron, and he thought that he would make a good person to serve on the Easton Utilities Commission.

Mr. Mayer stated that he thought that Mr. Merceron would bring another dimension to the commission and help them in their future growth.

Mr. Mayer motioned for approval of Mr. Merceron to be appointed to the Easton Utilities Commission, seconded by Mr. Heinmuller, and carried unanimously.

The President of the Council brought a letter to the floor from the County Manager requesting the waiver of a building permit fee for the Talbot County Health Department window replacement.

Mr. Willey asked if there were any questions.

Mr. Ford moved for approval of the fee waiver, seconded by Mr. Mayer, and carried unanimously.

At approximately 7:15 P.M., the President of the Council opened the public hearing on the West Kennedy Street Grant Application project to afford the general public the opportunity to learn about and offer comments on the proposed project.

Assistant Town Planner Mr. Thomas briefed the council on the project. Mr. Thomas stated that the proposal is to extend water and sewer to the West Kennedy Street area. The purpose of the public hearing is to afford the public an additional opportunity to participate in the process. He stated that it is a requirement of the granting institution to which the town is applying. What has been proposed is to seek a grant for approximately six hundred sixty-two thousand dollars to extend water and sewer to the neighborhood. The area is approximately forty acres in size, consists of thirty-five single family residences, one commercial establishment, and the state rest facility. The area is not presently within the town of Easton, and is proposed to be brought into the town concurrent with the water and sewer extension. If the grant is approved, the process for annexing the land to the town will be initiated shortly thereafter.

Mr. Mayer stated that Mr. Bob Higgins of the Talbot County Council is in the audience, and he stated that he wanted him to know that his efforts have been helpful in getting to the current point.

Mr. Higgins stated that as a member of the county council, the group is unanimous in support of extending the utilities to West Kennedy Street. The residences of that neighborhood have had numerous problems with failing septics, and it is certainly a benefit to the people in the community. Mr. Higgins went on to say that it has been a pleasure to having both the town’s and the county’s professional staff members from the engineering and legal departments working together.

Mr. Willey asked Mr. Thomas what was the timetable for the grant application at the present time.

Mr. Thomas stated that he expected to hear whether the application has been approved very shortly. The public hearing is a requirement of the application and it was indicated that a decision would like to be reached as soon as possible. As soon as the hearing has been completed, a copy of the notice and the minutes from the public hearing will be sent to the granting institution.

The President of the Council opened the public hearing for audience comments. There were no comments.

At 7:18 P.M., the President of the Council closed the public hearing.

Mr. John Murray, Esq., representing Sts. Peter & Paul Parish and School was present to address the council regarding parking. Mr. Murray stated that the purposed ordinance, Ordinance No. 423 would create a parking district on several roads near the school. Mr. Murray stated that generally, parking would be limited to two hours between 8:00 AM and 6:00 PM on weekdays, except for those who obtain residential parking permits. He stated that the elementary school was founded in 1955, and the high school in 1958. There are approximately 760 students who now attend school at Sts. Peter & Paul, of those students; approximately 250 are in the high school. Approximately one half of the student population is from Talbot County; thirty percent of the student population lives in the Easton ZIP Code. The school is supported by the entire parish, and in addition to providing high quality education, the school provides many good jobs, and saves Talbot tax payers over two million dollars a year in education costs. Existing on site parking meets the needs of faculty and staff with three additional spaces for visitors. There is a paved area behind the school, which provides a play area everyday. It also provides spaces for buses to park at one end. This general area is also used for car parking during after hours sporting and special events. There are an estimated 75 to 80 student cars parked on the public streets during school hours. For many of the students who drive cars, many of whom have younger siblings, driving is the only practical way they have to get to school; some of them drive quite a long distance. The school side of Choptank Avenue can and typically does, park thirty to thirty-five students’ cars. The rest of the students’ cars are parked for the most part along the residential side of Choptank and along Needwood Avenue with a small number on Prospect Avenue near the Needwood intersection. The described spaces are the closest available spaces to the school. There is a history of issues related to students parking in this immediate neighborhood, which Sts. Peter & Paul is aware of and has a good track record of making concrete adjustments to problems that it’s aware of. Students and parents are reminded of the driving and parking expectations, safety, courtesy, and respect for private property. Specific example of reactions by the school to known problems include: requiring students to move cars when improperly parked, cleaning up litter and taking it to the dump when a families trash couldn’t be removed because it was blocked by a parked car.

Mr. Murray also stated that the incidents of real misconduct are few, and the school acts promptly and appropriately when problems are identified. In an effort to more globally address the impacts of lawful parking by students, Sts. Peter & Paul has done the following: it has explored with the town engineer, the idea of creating a row of diagonal parking spaces along side Choptank Avenue, next to the playing field of the school. It was determined however; that this would net only ten parking spaces and was inappropriate from a design point of view from the town’s perspective. Sts. Peter & Paul considered the idea of leasing space from the Autozone Store across Dover Street, but rejected that idea after thought due to safety concerns about having students crossing that busy road. The school has also considered constructing a parking lot on the side of one of its two playing fields, but rejected that idea due to the need for the playing field as well as stormwater management difficulties that would arise.

In addition, the parish has plans to construct a new high school at a different location, presumably with all of the necessary parking sometime in not too distant future. To take a playing field and pave it over now with that plan not too far off would be a complete waste in a short order. The school has also met with town representatives to discuss the use by the school of parking tags (permits) on student cars, and identifying specific parking slots on the street for students to park and minimize problems. This effort was thought to be supported initially by the police department, but more recently appears to be perceived as neutral.

The proposed ordinance before the council is believed to have several flaws, first move the parking that was just discussed to another area, it would not disappear. Secondly, the parking district is far too large and would force students to park distances from the school that are unwarranted and unsafe. There are no sidewalks between the areas where parking would be allowed and the school, so together this would seem to be bad public policy. Tonight, Sts. Peter & Paul is asking the Mayor and Council to consider the proposal of the school establishing a parking tag (permit) system unilaterally. All student cars will be identified and tagged. The school advises parents and students to avoid parking areas known by the school to be a problem for neighbors. A point of contact for neighbors will be published. In addition, the school requests the town to establish a task force, study group, work group, etc. to engage the school, the neighborhood, and appropriate town representatives in a proactive problem solving process. The school confidentially believes that such a process would require some involvement from the town, perhaps Mr. Mayer, a representative from the engineer’s office, and a representative from the police department. Issues for consideration would be open.

Mr. Murray stated that the school does not take anything off of the table, but it is proposed that the issues would include some new and different parking ideas; ideas which include designating on-street student parking, and spreading out student parking to minimize the concentration and the specific problems that have risen from that. The school thinks that the results of such a process would be better than a proposed ordinance, and would very much like to give that a try. The school calendar only has about eleven weeks left in it, one of the weeks being Easter, so there are about ten weeks of active school left this year.

Mr. Murray requested that the Council put off voting on Ordinance No. 423 and support a short study period of approximately six to eight weeks. Mr. Murray stated that he thought the Council could tell by the turnout that it has the attention of the school, parents, and the students. Mr. Murray asked the people who were present to raise their hands and show that they were there in support of what he has asked the council to do for the school. In conclusion, he thanked the council.

Mr. Willey asked what would the indicated tag system do as far as increasing the number or holding the students responsible for their actions.

Mr. Murray stated that this method would create a relatively straightforward mechanism for identifying the driver of the car that is creating a problem. He suggested either a tag number or a hanging tag with a number that would be easily identifiable.

The President of the Council suggested the study group consist of Mr. Mayer, Mr. Glass, a Police Department representative as well as neighbors.

Mr. Murray stated that it would make the most sense to have the people with the most interest at the table to identify the problems and work them through.

Mr. Mayer suggested a timetable of six weeks to solve the problem. He agreed to serve on the committee and serve as Chair.

The President of the Council stated that any parking problem would fall back on the school.

Mr. Mayer stated that it is a dangerous situation when kids have to walk on the street to get to school due to cars parked on both sides of the street. He stated that the area is very intense.

Mr. Christian Evans stated that he wanted to make a few points as a parent. He stated that he has three children at the school, two in high school and one in elementary. Mr. Evans stated that he is deeply concerned with the public safety hazard. He stated that in two years, he will have a five-year-old going to school with his sister and he cannot see him walking five blocks. Mr. Evans stated that most of the students that drive to school do so out of necessity. He stated that the school is a private school with no public transportation. Mr. Evans stated that some of these students do numerous extra curricular activities where they need their vehicles. He stated that he is aware of the animosity between the neighborhood and the school but he feels it can be worked out.

Mr. Ford stated that he likes the idea of a plan to try to work this out in six to eight weeks.

Mr. Reed stated that he agrees but he suggests a member of the Fire Department also sit on the committee.

Mr. Heinmuller stated that he lived on Mecklenburg when the legislation was enacted and it did cause the students to move their vehicles back to the parking lot that they belonged on.

The President of the Council stated that it is the consensus of the Council to table this matter. He stated that this matter will be re-addressed in six to eight weeks. The President of the Council suggested appointing Mr. Mayer as Chairman or Co-Chairman. Mr. Mayer accepted. The President of the Council asked that there be strict reporting to the Council. Mr. Willey suggested putting students on the committee as well.

Mr. Jimmy Rash asked the Council to address the resident’s concerns. The President of the Council stated that there would be neighborhood representation on the committee.

At 7:42 P.M., the President of the Council recessed the meeting for five minutes.

At 7:47 P.M., the President of the Council reconvened the regularly scheduled Council meeting.

The President of the Council asked the Assistant Town Engineer if he had anything to add to his memo regarding the CVS entrance. The Assistant Town Engineer asked for questions.

Mr. Mayer asked what response Mr. Gruber has received from his correspondence. He stated that he had spoken with the real estate department in Virginia. He stated that they wanted open access but safe conditions but realizing there is an unsafe condition, they fully understand.

Mr. Heinmuller discussed CVS’s original plans.

Mr. Mayer made a motion to restrict the left-hand turn off Goldsborough Street into CVS. Mr. Mayer’s motion was approved unanimously.

The President of the Council asked the Town Attorney if he would like to follow up on his memo in the Council’s packet regarding the Human Relations Commission.

The Town Attorney recognized Ms. Moonyene Jackson in the audience. The Town Attorney discussed his legal position that the Town does not have the authority to issue subpoena power as has been requested. The Town Attorney stated that the Council could actually enact subpoena legislation then have it tested in court which he did not recommend from a liability standpoint or to seek an opinion from the Maryland Attorney General’s office on the issue.

The President of the Council stated that the subpoena power was addressed to give some teeth to the Commission. He asked what other methods could be used to assure that people would come forth and testify or produce records. The Town Attorney stated that in effect, none.

The President of the Council asked if the matter would be referred to the State Human Relations Commission. The Town Attorney stated that it depends on the situation.

Mr. Heinmuller stated that assuming there is merit to a claim and the Town’s Human Relations Commission believes that there has been wrongdoing, would the Town enact legislation to address the findings? The Town Attorney stated that the State and the Federal Government have laws that cover discrimination in employment and they work hand in hand in a cooperative fashion. He stated that if the findings were that there was discrimination that would in all likelihood be a violation of Federal and State employment regulations as well.

Ms. Moonyene Jackson was present to address the Council regarding the proposed Human Relations Commission. She stated that she asked this matter be placed on the agenda because they had met in January. Ms. Jackson stated that she represented the community but not as legal representation as she is a retired lawyer. Ms. Jackson offered information that should help in the determination. Ms. Jackson stated that there was only one thing they were charged to do. She stated that there are cities with full investigative authority and enforcement ability relative to their human relations commission duties. Ms. Jackson stated that she had provided enabling legislation and their entire format from the City of Rockville and the City of Cumberland. Ms. Jackson stated that she does not understand why Mr. Kehoe does not think that Easton is not able to model those examples because he has reached a conclusion without any supporting facts to support his contention. Ms. Jackson read into the record extracts from the Town Charter. Ms. Jackson stated that in her opinion, there is no question that the Council has to enact something for the Commission to come into existence and have authority. She discussed other agencies with Human Relations Commissions. Ms. Jackson discussed a recent conversation with Delegate Eckardt. Ms. Jackson asked for questions.

The President of the Council asked if a list of potential candidates for the Human Relations Commission had been received. Ms. Jackson stated that there had been three submitted that she was aware of; herself and Patricia Hawkins.

Mayor Butler stated that the Commission had not been appointed because you have to know who they are and what power they will have.

Ms. Jackson stated that this Commission will improve the quality of life for citizens. She suggested organizing the Commission and move forward with five year appointments.

Ms. Jackson thanked the Council.

Mr. Ford questioned whether the subpoena power is even a realistic power that this Commission can have or not. He stated that this Council needs a strong advisory group and the victims need a strong advocacy group, which he stated does not depend on having subpoena power.

Ms. Jackson stated that she does not want a "feel good" group. She wants the ability to address problems in a progressive, legal way.

Mr. Heinmuller stated that what was agreed to, as a Council, was that this Commission is a very good idea; an advocacy group to straighten out problems within the Town of Easton is a valuable thing. Mr. Heinmuller stated that as he remembered it, the Council decided that this is a go but the rules of the Commission and powers need to be established. Mr. Heinmuller stated that he does not think the Commission formation should be held up because of subpoena power. He stated that situations should be looked at and recommendations should be made to the county and the state.

Ms. Jackson stated that the Human Relations Group is not an advocacy group per se. She stated that this will be a fact-finding body with remedies and reconciliation. Ms. Jackson discussed her view of how the Commission would work on a local level. Ms. Jackson stated that if it is the Council’s decision to not issue subpoena power or investigatory relief that you do not want a Human Relations Commission. She stated that there has to be trust between the Council and the Human Relations Commission.

The Town Attorney stated that he is not suggesting that the Town not have a Human Relations Commission. He stated that Mr. Heinmuller had summarized his understanding. Mr. Kehoe discussed where he thought the Commission was. Mr. Kehoe discussed Cumberland’s, Rockville’s and Annapolis’s Human Relations Commission and their purported subpoena power. Mr. Kehoe stated that what is before the Council is an issue of what the Council’s powers are as a local government in the Town and the State of Maryland. Mr. Kehoe stated that in Maryland, municipal corporations have powers that have been expressly granted to them. The Town Attorney stated that there is no statute in the State of Maryland passed by the Maryland General Assembly that gives to a town a power to issue subpoenas. He stated that there is one statute in the State of Maryland that gives purely for a zoning hearing, the power of a zoning agency to issue a zoning subpoena to have someone come and testify at a zoning hearing. Mr. Kehoe referred to the Maryland Constitution for future reference. He stated that there is no expressed grant of authority. Mr. Kehoe stated that having a Human Relations Commission for Easton would be a very valuable thing for this community. The Town Attorney stated that by giving subpoena power, we would only be creating something that would be a liability situation.

The President of the Council asked if there was any reason not to go ahead and set up the necessary ordinance to create the Commission although the subpoena power issue has not been resolved. The President of the Council suggested getting the Commission started and selecting members.

Mr. Heinmuller suggested talking to Cumberland to question their subpoena power and how effective it is.

Ms. Jackson stated that they do not interfere with police powers. She asked for clarification on the Charter.

Mr. Ford stated that it would be extremely irresponsible for this Council to enact an ordinance that stated that this Commission has subpoena power and the end result would be to put the Town in court because state law does not allow this.

The Town Attorney suggested Ms. Jackson and himself work on the proper wording.

Col. Chase suggested a representative from NAACP meet with them at the same time. He stated that he thought this local Commission would settle the issues themselves and not send the matters to the state. The President of the Council stated that there is no problem with this.

Ms. Moonyene Jackson addressed the Council regarding a request to rename Graham’s Park Street to Kelly Gibson Street. Ms. Jackson introduced Ms. Marcia Gibson Ritchie, Kelly Gibson’s mother. Ms. Jackson stated that they are celebrating Ms. Gibson’s success during festivities on April 27. Ms. Jackson asked that the street that Ms. Gibson grew up on be named for her. She stated that Ms. Gibson is now playing with the Houston Coments, a professional basketball team. Ms. Jackson described the parade and program that will take place at Easton High School.

Mr. Heinmuller discussed the history of Graham’s Place and moved approval of re-naming the street.

Mr. Mayer asked if there were any residents on this street and if they had any objection. Ms. Jackson stated that there was one resident and no objections. Mr. Mayer seconded the motion to rename the street. The motion was carried unanimously.

The Town Attorney stated that he thought this was a great idea. The Town Attorney stated that the 911 Emergency Center would have to be notified as well as the Post Office.

The President of the Council brought Resolution No. 5732 to the floor authorizing support for Magnolia Meadows.

Mr. Mayer moved Resolution No. 5732, seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought invoices totaling $368,156.17 to the floor for approval.

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

Mr. Ken Bush was present on behalf of the Easton Volunteer Fire Department. He distributed a report of monthly activities. Mr. Bush thanked the Town of Easton and the Easton Utilities Commission for their assistance at Orion Products last Wednesday afternoon.

Mayor Butler reminded the Council there will be a meeting tomorrow evening at Easton High School to view the County’s Request for Proposals.

Chief Harvey stated that he had a request from the Academy of the Arts Museum to hold a Community Concert tomorrow on March 20 and May 1. He asked that parking restrictions be waived on Harrison Street around the Academy.

Mr. Heinmuller moved approval of the Academy of the Art’s request presented by Chief Harvey seconded by Mr. Mayer and carried.

Chief Harvey stated that Talbot County Department of Public Works had notified him through correspondence that they would be looking at putting molding on the Courthouse windows on Dover Street on March 20. He stated that this will be the same type of closure as when they took the windows out. Chief Harvey stated that they expect work to be completed by March 23. Chief Harvey stated that the Department is in support of the request as long as the businesses in that area are notified.

Mr. Mayer moved approval of the Chief’s recommendation seconded by Mr. Ford and carried unanimously.

Chief Harvey stated that he had received a request for a multi-cultural festival from Mr. Bruce Butler, President of Peace Education. He stated that this is to be held on May 5 at 10:00 AM to 2:00 PM in the pavilion area with about 200 to 300 people. He stated that music will be provided by a professional disc jockey service.

Mr. Heinmuller stated that this is their second year.

Mr. Heinmuller made a motion to approve the request seconded by Mr. Ford and carried.

The President of the Council stated that he had no problem with this provided the Park Board is notified.

The Town Engineer, Tim Glass, discussed the landfill and the life expectancy. He stated that the landfill is expected to run in Talbot County until 2011. Mr. Glass stated that he had been informed that the tipping fees for this year will remain the same. He stated that it looks as if the Town is in good shape for about ten more years.

The Town Engineer stated that the State Highway has erected some Chesapeake Country Scenic Route signs through town. He stated that he had no prior knowledge of the signs.

It was the consensus of the Council to have the signs removed from the colonial poles. The Town Engineer stated that he will look into this matter with the State Highway Administration and get back to the Council.

The Town Engineer reported that they will be finished down Washington Street tomorrow or the day after. He stated that they will begin the Federal Street project. He stated that the crosswalks at the Rails-to-Trails will be painted again this week, weather permitting.

The Town Planner, Tom Hamilton, asked that a public hearing be set for an annexation of the Swann Haven Farm. Mr. Hamilton stated that an error had been published in the annexation advertisement. He stated that the hearing has been re-scheduled for May 7. Mr. Hamilton stated that the advertisements are being published with the new date.

Mr. Hamilton distributed Resolution 5730 and asked that it be introduced into public record.

The Town Attorney asked permission to give Ms. Schlotzhauer a copy of his memorandum advising that the town does not have the power to grant subpoena to the Human Relations Commission. The President of the Council stated that this is fine.

The President of the Council read a statement regarding the direction in which Easton is headed. He discussed growth and the Council’s job to oversee the development of the Town. Mr. Willey discussed the formation of the Human Relations Commission. He discussed working together to keep the County offices downtown. Mr. Willey stated that Easton will continue to move forward and in the right direction.

The President of the Council brought the memo to the floor regarding the Assistant Supervisor of Elections for the upcoming election on May 7. Mr. Mayer moved approval of the list, seconded by Mr. Reed and carried unanimously.

The President of the Council asked if there was anything else to bring before the Council.

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

At 9:21 P.M., the President of the Council adjourned the regularly scheduled meeting.

Town Clerk