The Town Council of the Town of Easton met today at 7:00 P.M.
The following Council members were present: Mr. Ford, Mr. Jensen, Mr. Reed, Ms. Jackson-Amis and President of the Council Mr. Willey. Also attending the meeting were Mayor C. Eugene Butler, Captain Robert Hobbs, Town Engineer Tim Glass, Assistant Town Engineer Mr. Joe Gruber, Town Attorney Christopher Kehoe, Administrative Support Supervisor Richard Warfield, and Town Planner Tom Hamilton.
Mr. Ford opened the meeting with prayer. He led those present in the Pledge of Allegiance.
Mr. Ford made a motion to approve the minutes of the August 6, 2001 meeting, seconded by Mr. Reed and carried unanimously.
The President of the Council brought a letter from Mr. Tom Kleppinger to the floor requesting a license to encroach into Magnolia Street. Mr. Hamilton explained the request with more detail. The Town Planner stated that Mr. Tom Kleppinger purchased the property on the corner of Magnolia Street and Aurora Street and has gotten a Special Exception to convert it into multiple uses. He stated that he has hired an architect and is dividing the building into several different components. He wants to provide other spaces that he can lease out. Along with that, he wants to add parking as he assigns people to certain places in the building. One of his objectives is to add an entrance to the north wall of the building, which fronts on Magnolia Street. In order to accomplish this he would like to put the entrance in with a landing and steps, which would encroach approximately three feet into the right of way for Magnolia Street. He also wants to pave a grassy area so that there would be a full four-foot wide sidewalk.
Mr. Ford added that the sidewalk may be rarely used, but he would feel more comfortable if the owners of the houses on Aurora Street were notified of these changes. Furthermore, there are some parking issues with the business that fronts on Aurora Street. Mr. Ford asked if the Town Planner along with the Town Engineer and the owner of At Home Chef, devise some type of plan that addresses concerns about disability for people who are trying to pull out onto Aurora from Magnolia Street and produce a safer environment for those drivers who are performing those types of maneuvers. The biggest concern was the parking and visibility issues that exist. Mr. Hamilton added that the whole site would eventually become parking even behind the house to the south of it, which is Mr. Kleppinger's home. Mr. Ford stated that with school starting, there might be a bit of advantage because of the request. Mr. Hamilton tabled the request and asked Mr. Kleppinger to resolve issues presented by Mr. Ford; Mr. Glass took charge of the problems. The biggest issue was that there are cars parked on Magnolia Street that sometimes block driver's vision and makes it more difficult to pull out onto Aurora Street. Mr. Glass stated that the main goal was to get the building into compliance and get it safe as quickly as possible with all under one permit.
The President of the Council brought a memo from Assistant Town Planner Lynn Thomas to the floor regarding a request for a public hearing for Community Development Block Grant. The President of the Council set the date for the public hearing for September 4 at 7:15 p.m.
The President of the Council asked the Town Engineer to discuss proposed Dutchman's Lane improvements. Mr. Glass stated that there has been a request for information on the status of Dutchman's Lane. There was a traffic study with an outside consultant that the Town was able to work directly with in order to make sure important issues were included. He stated that there was a Public Works agreement signed with the developer of Easton Club used to outline the contributions necessary to apply toward any future road improvements that occur. The Town Engineer stated that there was some money along with the first phase of construction that is going on currently, and there will be additional money paid to the town which will be held in escrow as future phases are developed. Mr. Hank Corbin who is working on the Stoney Ridge Development has also contributed money towards the improvements. Mr. Glass stated that he has met with Ray Clark at the County Engineers Office and they are looking for some ideas on what to spend the money on as well as future improvements. He stated that a separate right turn lane from Dutchman's Lane was an idea. Another was to work with GM Giant to relocate the service entrance on the side of the building and move it further east away from the intersection. Currently Dutchman's Lane is a county road, but the town wants to take it over and make the improvements that fit the needs of the town. There is no set date for the renovations of Dutchman's Lane. The Town Engineer stated that once the proposed Royal Farms site corner is developed, there will be some improvements required on the Rt. 50 side and the Dutchman's Lane side.
Mr. Jensen discussed a proposal for a noise ordinance. He stated that one of his constituents was awakened at 6 a.m. by construction noise. Her point of view stated how she felt about it and there should be some objective rule about when you can start to do work that will disturb residents and when you should stop. Mr. Kehoe stated that there are two state laws that deal with noise, one has to do with vehicle noise and the second is a general noise program administered by the Maryland Department of the Environment that has to do with noise of property lines in terms of occupational safety and health. He noticed in the Maryland Municipal League Bulletin, there is a small article about the program and contacting people about local governments if they want to set local noise control programs. Mr. Jensen wanted to know if anyone had thoughts about developing a noise ordinance. Mr. Willey stated that there was an issue before with noise from early workers but it was resolved in different ways. Ms. Jackson-Amis stated that there might be some specific reason that Public Works starts working so early, therefore, it may be prudent to deal with various agencies in the town. She suggested that the agencies responsible for the noise would work with Mr. Jensen and try to find a way to not disturb town residents. Mr. Ford stated that the construction workers don't start at 6 a.m. to wake people up, they do it because they are concerned about the heat and other weather conditions.
Mr. H. Hoyt Heinmuller, 205 S. Hanson Street, stated that the proposed noise ordinance does favor employees who work the traditional first shift. In the past he has had contact with Chesapeake Publishing who put the paper to bed fairly late at night and they find ordinances that prevent them from leaving their cars on the street. He also stated that there are other agricultural things that make noise 24 hours a day, but you should look at the entire population that works in today’s society.
The President of the Council brought a memo to the floor from the Mayor regarding the appointment of Mr. Dan Swann to fill an unexpired term of the Planning and Zoning Commission.
Ms. Jackson-Amis stated that she wants to know a little more about the proposed nominees for commissions as she is interested in diversity, but it would be helpful to ask a few questions about his perspective on the Planning Commission. Mr. Hamilton stated that he had met with Mr. Swann. He stated that his purpose of meeting with him was to explain his duties and responsibilities if appointed to the Planning and Zoning Commission. Mr. Hamilton stated that he explained to the Mayor that he could easily work with him and he seems eager to serve on the Commission.
Mr. Jensen motioned to table the nomination of Mr. Swann with a second from Ms. Jackson-Amis, which was carried with Mr. Willey voting no.
The President of the Council brought Resolution No. 5744 to the floor authorizing the Town Clerk to make budget transfers for the benefit of the Easton Little League All Star Team. Mr. Jensen made a motion to approve Resolution No. 5744, seconded by Ms. Jackson-Amis and carried unanimously.
The President of the Council brought a memo from the Town Attorney Mr. Kehoe to the floor regarding truck restrictions, which was addressed at the last meeting. He added that our truck regulations for nighttime truck traffic date back close to 30 years and the sizes of trucks have increased necessitating the need to update the ordinance. Chief Harvey and Mr. Kehoe would look into this issue for updating. The President of the Council stated that if there were any comments from the council-members, please let Mr. Kehoe know.
The President of the Council brought invoices to the floor totaling $521,203.89 for approval for payment. Mr. Reed motioned to pay the bills, seconded by Mr. Ford and carried unanimously.
Mr. Ken Bush from the EVFD stated that school will be opening soon and he would like to remind people to watch out for students on their way to and from school and other related activities.
Mayor Butler stated that there will be a Little League Parade on September 1 at approximately 10 a.m. He stated that there will be some presentations on Dover Street near the Easton Police Department where the parade will form.
Mayor Butler stated that at the Park Board meeting on September 27, discussion will be held on a location for a park for the skateboarders.
Captain Hobbs requested to approve a permit for a parade September 1 starting at the Police Department which will proceed through the Town of Easton, with traffic controls, honor guard and lead car. Ms. Jackson-Amis made a motion to approve the request, seconded by Mr. Jensen and carried unanimously.
Captain Hobbs stated that Talbot County Public Schools has made a request for the waiver of parking restrictions on August 23 from 7:30 p.m.-12:30 a.m. They stated that it is the Opening Day session. They are expecting 500 employees to attend the session and ask permission to expand parking so that they can park on Mecklenburg Avenue for a short period. Mr. Ford motioned to approve the request, seconded by Mr. Reed and carried unanimously.
Captain Hobbs had a parking waiver request from Talbot County Historical Society for August 25 from 11 a.m. until 7:30 p.m. He stated that Talbot County Historical Society Auditorium is having an event and requests six parking spaces be reserved on Washington Street for elderly guests. Mr. Reed motioned approval of this request, seconded by Mr. Jensen and carried.
Captain Hobbs stated that on September 22 at 10 a.m. there will be a Walk for Life. It will start at Idewild Park and they are asking for the council to approve a permit for them to walk to Dover Street and back to the Park. This is sponsored by Choices Pregnancy Health and Resource Center Inc. Mr. Ford motioned to approve the event, seconded by Ms. Jackson-Amis and carried.
Chief Harvey asked Captain Hobbs to point out that there were bids put out for five police package cars. They have received bids from Norris Ford, Hertrich Fleet Services, and Preston Automotive Group.
The Town Engineer, Mr. Glass publicly recognized the helpful workers who kept the baseball field safe and clean for the Little League players and would like to say thanks for a job well done. He stated that the town is planning to install some storm drains starting August 21 and intends to have it done by the end of the week.
The Town Engineer stated that the Rails-to-Trails project is starting to take shape and the contractors put down base material. He stated that the completion date is September 19 and the town will be doing landscaping, benches, planters as well as other things. Also, there have been calls about garbage in the town center and folks putting garbage out at the wrong time of the day. They want to start with an education approach and get letters and go door to door, talk to some of the occupants of the businesses and explain to them that there is a health hazard and we want to keep the town looking nice.
The Town Engineer stated that there is mosquito repellant being sprayed and they are trying their best to keep the mosquitoes away.
Ms. Jackson wanted to know if the Sanitation Managers would be talking directly to the complainers because some of the calls are coming from the same people. Ms. Jackson-Amis wanted to know how much consideration was going to be given to the tenants to comply. She also received a letter from a citizen who has an issue with his trash being picked up. Mr. Glass stated that they have to find a way to deal with dead end streets and getting a dump truck back there and out and picking up all the trash in that area.
Mr. Kehoe discussed the Easton Little League Baseball Team and congratulated them on their success. He also stated that he and the Mayor talked about presenting a proclamation or allowing the team to come to a town council meeting for recognition.
The President of the Council asked if there was anyone to come before the Council.
Mr. H. Hoyt Heinmuller of Hanson Street and Wilson Lane came to ask for the council's support due to a situation that has occurred over the last four weeks. Mr. Heinmuller stated that the Easton Utilities crew came down to Wilson Lane with a chainsaw and other major equipment to remove vegetation and cut back to property lines. One other thing that was removed not near power lines was a small tree on the corner of Wilson and Brook Lane, which he planted to protect the corner of his garage. This would cause operators of large vehicles to slow down and take precautions before pulling around the corner safely. One of his neighbor's garage was hit four times and the bumper height is about the same height as the dump trucks. He talked to Mr. Glass along with everyone else and stated that there are three residents upset over the way that the Easton Utilities crew treated their property. Mr. Glass has been very open to him and has told him how he will be more than willing to notify residents of when this type of work will be done and where it will be done. He wants the council to draft an ordinance that would put into affect something involving fairness and responsibility of the town and or the municipal utilities to contact property owners adjacent to properties before cutting areas. He came up with a small example which is simply entitled "An ordinance for the Town of Easton, an ordinance designed to require holders of right of way to notify property owners of planned vegetation pruning or removal adjacent to the right-of-way."
Whereas shrubbery and trees provide sound barriers and privacy for residents and promote improved air quality and good health for residents; and Whereas, property owners have a stake in such vegetation since they are required by law to maintain sidewalks and vegetation on their property. This ordinance requires notification to property owners of activities when planned to trim or remove any type of plant or shrubbery in the right of way or adjacent to private property. It is required that property owners be notified in writing two weeks prior to any planned activity that involves removal or trimming of any live vegetation on the right-of-way or adjacent to private property. Such notification is to be mailed to the property owner. Notification should include; reason for the work, nature of the work planned, such as clear cut, severe cut back or moderate, name and phone number of an individual who shall supply additional details upon request and the name and address of the organization doing the work.
The third paragraph would say that someone who might want to send a blanket notice at the beginning of the year and four years later and come back and do the work. You should send out notice that is good for seven months and if you didn't do anything in that period of time, you should have to do it over again.
The fourth paragraph would say that utility companies are exempt from the requirement to notify when there is an emergency need such as wind or storm damage or automobile accident creating a danger to the public or to power communication lines. Removal or trimming should be limited to the individual tree directly involved and utility companies would have one week from the emergency to act, if no action, then they should use the notification. Penalties for failure to notify are fair compensation or replacement for the loss of the property owner.
Mr. Glass stated that there is time to look at that issue and there have been several issues similar to that. He also stated that there is an ordinance that could address this, which is a property maintenance ordinance. It would be very simple to require each property owner that lives near an alley to cut their own bushes regardless of whether they are encroaching at a low or high height. It is currently a service that the town and utilities typically provide and may get expensive for people to hire tree experts to do trimming. He stated that there are a lot of points that have been discussed and the notion of an ordinance similar to that is worth looking at.
The President of the Council asked if there was anyone else to come before the Council.
At 8:20 P.M., Ms. Jackson-Amis made a motion to go into Executive Session, seconded by Mr. Ford and carried unanimously.
The President of the Council declared the Executive Session closed at 9:41 P.M.
There being no further business, the President of the Council adjourned the regularly scheduled meeting at 9:42 P.M.
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Richard T. Warfield, Jr. for Town Clerk