September 4, 2001

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, Chief of Police George Harvey, Town Engineer Mr. Tim Glass, Assistant Town Engineer Mr. Joe Gruber, Town Attorney Christopher Kehoe, Administrative Support Supervisor Richard Warfield, Town Planner Tom Hamilton, Assistant Town Planner Lynn Thomas, and Current Planner Michael Kenny.

Mr. Jensen opened the meeting with prayer. He led those present in the Pledge of Allegiance.

Ms. Jackson-Amis made a motion to approve the minutes of the August 20, 2001 meetings, with written corrected submissions seconded by Mr. Ford and carried unanimously.

Dr. James Kerr and Mr. Robert Witkowsky were present from the Tidewater Stamp Club to make a presentation to Mayor Butler for his assistance for when the date met the zip 2-16-01.

They also made a presentation of the Little League cancellation that took place during the Maryland State Little League Championship Celebration on September 1, 2001.

Mr. Robert Snyder, President of St. Michaels Town Commission was present to publicly thank Chief Harvey on behalf of the other Town Commissioners, town staff as well as the citizens of St. Michaels for his generosity in loaning St. Michaels, Captain Robert Hobbs as acting Police Chief in St. Michaels until a replacement can be found. Mr. Snyder also thanked Mr. Karge, the Town Clerk and Mayor Butler who helped to facilitate the process. He stated that Capt. Hobbs had been sworn in with little fanfare due to the fact that it is a temporary situation. Mr. Snyder explained that Capt. Hobbs’ salary and benefits is being reimbursed by St. Michaels during this time. Mr. Snyder thanked Chief Harvey for his generosity.

Ms. Joan Crowley, President of the Board of Directors and Mr. Albert Pritchett, Festival Transportation Chairman, Waterfowl Festival was present to address Council regarding the 2001 Waterfowl Festival Transportation Plan.

Ms. Joan Crowley stated that the 31^st Waterfowl Festival will take place this November. She discussed the efficiency of the plan and the safety for transportation plan. Ms. Crowley introduced Mr. Albert Pritchett.

Mr. Pritchett stated that he had worked closely with the Easton Police Department and recognized Capt. Blue for his great deal of help and for working out the logistics. Mr. Pritchett discussed changes in the transportation plan from previous years. He stated that he took into account the most predominantly traveled area. Mr. Pritchett stated that the bus stop would be on Federal Street, which will allow the Lions to be where they were last year as well as the buses still going across to the ticket booth. He stated that interaction between pedestrians; cars and buses would be eliminated where the most danger occurs. Mr. Pritchett stated that they have asked for an additional traffic guard at the Easton Middle School. Mr. Pritchett asked permission to work on additional details that the police are concerned about as the Festival draws nearer. He asked for any questions. There were none.

Mr. Reed moved approval of the Waterfowl Festival Transportation Plan, seconded by Mr. Jensen and carried unanimously.

Chief Harvey stated that the Easton Police Department had recently hired two new officers. Chief Harvey introduced Officer Patrick Sally.

Mr. Michael Menzies was present as the Chairman of the Chamber of Commerce to endorse the nomination of Mr. Daniel Swann to the Planning and Zoning Commission, which will be entertained later this evening. Mr. Menzies reported that he had known Mr. Swann for over 20 years. Mr. Menzies discussed Mr. Swann’s qualifications and encouraged the Council to support the Mayor’s recommendation and the merits of Mr. Swann’s resume.

At 7:15 P.M., the President of the Council opened the Public hearing on Community Development Block Grant Progress Report for Graham’s Park.

The Assistant Town Planner, Mr. Thomas, discussed the Easton Housing Authority’s Graham’s Park Project on Kelly Gibson Street to provide new homeownership opportunities for low income members of our community. He stated that this project was funded by a number of sources, one of which was Community Development Block Grant of the State of Maryland. Mr. Thomas stated that one of the requirements is to hold two public hearings. This hearing is being held to afford the public an opportunity comment on the progress of the project. Mr. Thomas stated that the Block Grant was secured for $210,000 solely for infrastructure upgrades necessary to support the project.

Mr. Don Bibb, Executive Director, Easton Housing Authority was present on behalf of the Community Development Project. Mr. Bibb updated the Council on the infrastructure progress for Graham’s Park. He stated that the sewer lines have been put in and the street has been repaved. Mr. Bibb stated that Easton Utilities is in the process of running new electric and gas lines for the units as well as the street lighting. Mr. Bibb stated that they have nine houses committed and a total of twelve to sell.

Mr. Willey asked when the houses would be started. Mr. Bibb stated that the foundations have been started. Mr. Bibb stated that they hope to have the entire project completed by the end of November.

Ms. Jackson-Amis questioned if the approved applicant would actually own the house. Mr. Bibb stated that yes they would own the land and house in a fee simple sale. Ms. Jackson-Amis discussed concerns regarding snowplows going down the street. She discussed trash collection trucks not being able to turn around. Mr. Bibb stated that three removable ballards would be installed in the street. Ms. Jackson-Amis stated that her concerns were potential problems and she would like these worked out so that the people who live there are not inconvenienced and that the workers are not put into unnecessary peril and the look would still be achieved.

The Town Planner stated that after several public hearings, the road was closed at the request of the neighborhood. He stated that this project was a Planned Redevelopment Project with this being one of the conditions of the approval. Mr. Bibb stated that he would get with Easton Utilities and see what could be worked out.

Mr. Ford started that impediments were instituted due to comments received from the neighborhood and the inconvenience once those houses are built and occupied may need to be looked at.

Mr. Bibb asked for questions. There were none.

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

Ms. Geraldine Wilson, Newtown, Maryland, questioned how neighbors’ comments were received regarding the traffic through the street. Mr. Ford stated that comments were received at the Public Hearing. Ms. Wilson asked if there was a copy of the hearing. She was advised that there is. Ms. Wilson asked if she could get a copy of the plans for Graham’s Park. She was advised that they are public information. The President of the Council advised Ms. Wilson to get with Mr. Bibb or Mr. Hamilton for information regarding the project.

There being no further comments, at 7:32 P.M., the President of the Council closed the Public Hearing.

The Town Planner stated that he has been working with the County and County Engineer and Staff as well as the State Highway Administration landscape architects on a project to enhance the Route 50 corridor. Mr. Hamilton stated that they have advised him that they are ready to begin work and do some landscaping.

Mr. Rob Pearce, State Highway Administration Landscape Operations Division was present to discuss the proposed enhancements. Mr. Pearce discussed the landscape concept plans. Mr. Pearce displayed enhancements that the State Highway Administration had accomplished in other communities as well as proposed renderings. Mr. Pearce stated that if some of the plantings have to go on private property, they will obtain the owner’s permission and the plantings will become the property owner’s responsibility to maintain. Mr. Pearce discussed visual clutter and the need to soften the streetscapes. He stated that there are two median areas scheduled for improvements this fall.

The Town Planner stated that State Highway Administration proposed to do these improvements this fall. Mr. Hamilton introduced Ms. Hillary Spence, Talbot County Council.

Ms. Hillary Spence stated that for the last nine months, meetings have taken place concerning landscaping along Route 50. Ms. Spence referred to Salisbury’s tree plantings and stated that it adds to the community. She urged the Town Council to support the project to beautify the area. Ms. Spence thanked the Council.

Mr. Jensen asked Mr. Hamilton what the Council needs to do about this. Mr. Hamilton asked Mr. Jensen to express support for the endeavor.

Mr. Jensen stated that it is a wonderful idea which he supports.

The President of the Council asked that the Council be kept informed of the progress.

Ms. Jackson moved approval for the State Highway Administration’s landscape enhancements on Route 50, seconded by Mr. Ford and carried unanimously.

Ms. Libby Dawkins, 11 N. Thorough Lane, stated that she thinks that the landscaping enhancements should go all the way to Route 322. The Town Planner stated that they are trying to bite this improvement off in what can be accomplished in one planting season. She asked that the entire town limits be considered.

Mr. Hugh Grunden, General Manager, Easton Utilities, stated that as elected officials, the Council is currently being asked to look at the matters of growth and development in a variety of contexts; one of which is adequate public facilities. Mr. Grunden stated that they are here tonight to discuss specifically the adequacy of Easton’s wastewater treatment plant. Mr. Grunden stated that they will also be making this presentation to the County Council to frame those questions and providing the answers those questions deserve.

Mr. Grunden introduced Ms. Molly Faulkner, Superintendent of the wastewater facility and responsible for the day to day operations. He also introduced Mr. Jerry Adams, Manager of the Water and Wastewater Departments for Easton Utilities.

Mr. Adams discussed the performance of the wastewater treatment facility, past and future. Mr. Adams discussed how the facility operates and the past 12 years of performance. Mr. Adams discussed goals and requirements and the plans for the future. He stated that the facility is an innovative and alternative technology with the most recent additions completed in 1988. Mr. Adams stated that there have been no violations of the permit limitations since January 1989. He stated that they have conducted over 15,000 analysis and have been in compliance with every one. Mr. Adams stated that the facility has been recognized with the Governor’s Award for Excellence for the participation of Maryland’s B & R Program which is biological nutrient reduction program. Mr. Adams stated that they can maintain this level of capacity over the next five years. He stated that the capacity of the plant is 2.35 million gallons per day. Mr. Adams stated that Easton Utilities has begun a feasibility study in which will provide for the long-range needs of the community. He stated that in the plans for the next increment of capacity, they will plan to treat to a higher level to support the goals of the Chesapeake Bay Program which has been established to promote the reduction of nutrients that are discharged to the environment by the various stake holders. In summary, he stated that they have a wastewater treatment facility that is performing well within permit limitations with an adequate facility to continue this over the next five years and have reduced the quantity of nutrients discharged to the Choptank River.

Mr. Ford questioned if Mr. Adams has any feeling from the Maryland Department of Environment whether they are in the process of instituting new total maximum daily load limits. Mr. Adams stated that they will be released in 2003.

Mr. Adams stated that Easton Utilities can continue the same level of treatment at the given rate of growth for the next five years.

Mr. Jensen questioned how the present rate of growth was calculated. Mr. Adams stated that they use approximately 3% but he looks at the water growth and how much water the customers use. Mr. Adams stated that the average five-year growth rate has been 3%.

Mr. Jensen asked if Mr. Adams had been in touch with the Talbot River Protection Agency to discuss their figures. Mr. Adams stated that he has not gotten with them but he has contacted the United States EPA Bay Program and verified what the error was which is now being corrected in the Chesapeake Bay Homepage so that all of the numbers match up. He stated that they actually received their numbers from Easton Utilities.

Mr. Ford discussed treating the water and maintaining a status quo nutrient load from the facility which would require upgrade to meet a quantity discharge not a percentage reduction. Mr. Adams explained the nitrogen levels that would be expected by 2005 to offset the growth and load.

Ms. Jackson-Amis thanked Mr. Adams, Ms. Faulkner and Mr. Grunden for their information and the recent tour of the facility.

The President of the Council brought Resolution No. 5745 to the floor authorizing the Town Clerk to abate taxes totaling $3,398.23.

Mr. Ford moved Resolution No. 5745 seconded by Mr. Reed and carried unanimously following a roll call vote.

The Town Planner, Mr. Hamilton, introduced Mr. Michael Kenny, the newest addition to the Planning staff. Mr. Hamilton stated that Mr. Kenny reviews the building permits and has GIS capability. Mr. Kenny has also worked to put photographs of historic district properties on the web as well as a Planning Office website which is under construction.

The Town Planner stated that under the Main Street project one of the subcommittees was to prepare some guidelines for the Historic District Commission to help them work within their job description. He stated that an architectural firm was consulted and a copy of the draft guidelines is in the council’s packet for their information. Mr. Hamilton stated that the Chairman of the subcommittee is Mr. Charles Goebel who is on the Planning and Zoning Commission. Mr. Goebel was present to answer any questions about the guidelines.

Mr. Goebel stated that he is an architect and land planner in Easton and also a Planning Commissioner. He stated that what you see is the result of about two years of work which includes the application of a grant to the State from the Maryland Historic Trust. Mr. Goebel stated that this should be a very useful reference for Commissioners and property owners.

The President of the Council asked if there were any questions.

Mr. Jensen asked if the Historic District Commission is considering changing the boundaries of the Historic District. Mr. Goebel stated that they are considering recommending expanding the District boundaries in order to include many significant buildings that could be protected that are outside of the boundaries.

Mr. Thomas, Assistant Town Planner stated that the Council will have to approve amending the boundaries of the Historic District.

Mr. Jensen asked Mr. Goebel to elaborate on the grading system used for the Historic District properties.

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 on the Planning and Zoning Commission. Mayor Butler introduced Mr. Swann to the Council. Mr. Swann discussed his view on Smart Growth and his desire to refurbish established neighborhoods in the town.

Ms. Jackson-Amis discussed her appreciation regarding her recent conversation with Mr. Swann and his view on diversity and his willingness to listen to a myriad of concerns and balance his decisions accordingly.

Mr. Ford asked Mr. Swann to reiterate what he sees Easton facing as it grows. Mr. Swann discussed traffic, speeders and pollution which will need to be addressed in the future when considering growth.

Mr. Ford made a motion to approve Mayor Butler’s recommendation to appoint Mr. Swann to the Planning and Zoning Commission seconded by Mr. Jensen and carried unanimously following a roll call vote.

Ms. Tracy Connolly, At Home Chefs Bakery & Personal Chef Services stated that she and her husband own this business located at the corner of Magnolia and N. Aurora Street. Ms. Connolly stated that she understands that there are some concerns regarding parking in front of her business. She stated that her customers come in, make their purchases and leave. Ms. Connolly stated that there has only been two accidents at the intersection and recommended limiting parking in front of the building so there are not cars parked there all day. Ms. Connolly stated that she is in favor of the proposed ten-minute parking at her establishment. Ms. Connolly stated that if you eliminate the conveniences her customers have, her business may not survive.

Mr. Kelly Jones, Easton Volunteer Fire Department was present. He recognized the Ladies Auxiliary of the Fire Department. He stated that the Auxiliary recently donated a 15-passenger van to the Department, which will be designated as a utility vehicle. Mr. Jones also recognized Mr. C.R. Chance who recently engaged Easton Cable to do a recruitment video for the Fire Department. Mr. Chance stated that it will be broadcast on the cable television channels. Mr. Jones encouraged those citizens with spare time to volunteer. He handed the month end totals to the council members.

The President of the Council asked the Town Engineer if he had anything else regarding the parking on N. Aurora Street. The Town Engineer stated that his memo recommending the ten-minute parking was self-explanatory.

Mr. Ford recommended instituting the ten-minute parking restriction as proposed by the Town Engineer, seconded by Mr. Jensen and carried unanimously.

The President of the Council brought the request from Mr. Tom Kleppinger to construct landing and steps within the Town right-of-way to the floor.

The Assistant Town Engineer stated that letters had been forwarded to residents on Magnolia, the Board of Education and the day care center notifying them that this request would be considered at tonight’s meeting. Mr. Thomas stated that they had not received any comments or questions.

The President of the Council asked if there was anyone in the audience to comment on Mr. Kleppinger’s request. There were none.

Mr. Ford moved approval for Mr. Kleppinger’s request to construct land and steps, seconded by Mr. Jensen and carried unanimously.

The Town Attorney stated that once he has a metes and bounds description, a legal document will be prepared.

The Town Attorney advised that the lease agreement for The Welcome and Resource Center was on the agenda by mistake and should not be brought to the floor until some decisions have been made regarding the Economic Development Director.

The President of the Council brought a memo from the Town Engineer to the floor regarding paving bids for 2002.

The Town Engineer asked for any questions. The President of the Council asked that the Town Engineer forward a list to the Council of the streets to be paved in 2002.

Mr. Jensen made a motion to approve the Town Engineer’s recommendation to award the paving bid to David A. Bramble, Inc., seconded by Mr. Reed and carried unanimously.

The President of the Council brought a Lease Modification and Extension Agreement for The Avalon Theatre to the floor

Ms. Jackson-Amis asked that the lease be provided as this was a modification.

Mr. Ford moved approval of modification of the lease seconded by Mr. Jensen and carried with Ms. Jackson-Amis abstaining.

The President of the Council stated that he had received a memo from Ms. Rita Petitt stating that she would not be in town. Ms. Petitt asked that any items pertaining to Blake Street be tabled until she is available. The President of the Council tabled Ms. Petitt’s request regarding Tull Alley name change until Ms. Petitt is present.

The President of the Council asked for an Executive Session to discuss a personnel matter.

Mayor Butler thanked the Council for their presence Saturday at the Little League parade and presentation celebrating Easton’s Little League State Champions.

Mayor Butler asked that he be notified who will be attending the MML Fall Legislative Conference in October.

Chief Harvey reported that he had received bid proposals for new police cars. He stated that they are $2,675 over estimate of the proposed fleet but he believes they can make it up. Chief Harvey stated that it is for five police cruisers with an extended warranty.

Mr. Reed moved approval of Norris Ford’s bid seconded by Mr. Ford and carried unanimously.

Chief Harvey stated that he had a request from the Academy of the Arts Museum for relief for the two-hour parking restriction on Harrison Street for concerts on October 16, November 13, January 15, February 19 and March 19.

Mr. Ford moved approval of the parking waiver on for the Academy of the Arts, seconded by Mr. Jensen and carried unanimously.

Chief Harvey stated that he had a request from Ms. Ellen General involving a Rolls Royce vintage display on October 6 from 5:00 p.m. to 10:00 p.m. He stated that the request is to shut down Harrison Street from Dover to South Street. He stated that 50 to 60 automobiles will participate. Ms. General asked for police escort services, which will cost approximately $157.92.

Mr. Jensen moved approval of Ms. General’s request, seconded by Mr. Reed and carried unanimously.

Chief Harvey stated that he had a request from Ms. Tracey Cohee for Sunday October 28 from 8:30 a.m. to 10:30 a.m. for the Wild Goose Chase utilizing Peach Blossom Road to 331 Oaklands to Easton Club Road to South Washington Street. Their request is also for a loud speaker only at the YMCA and traffic control. Chief Harvey recommended approval for the YMCA fundraiser. He stated that the approximate cost to the department is $107.60.

Mr. Ford moved approval seconded by Mr. Jensen and carried unanimously.

Chief Harvey stated that the department had a request from Mr. Drew Jensen, First Baptist Church for a rally for Christian youth on September 15, 9:00 p.m. to 11:00 p.m. on the Lowe’s parking lot.

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

Chief Harvey advised that the Department has obtained a second K-9 dog named Sampson. The dog will be trained for 16 weeks beginning September 10.

Chief Harvey stated that Public Safety Wireless Network is holding a Maryland Public Safety Communication Symposium at the U.S. Naval Academy’s Officer Club in Annapolis. He stated that this is hosted by the Department of Justice and the Department of Treasury and will pertain to newest technology and radio transmission.

Ms. Ellen General thanked Sgt. Wright of the Easton Police Department for helping out with the Rolls Royce event. She stated that the business people are in support of this event.

Chief Harvey discussed the crosswalk dilemma in the Town of Easton and asked for the Council’s permission to meet with the Town Engineer to discuss solutions.

Mr. Jensen asked if the floppy sign is being considered. Chief Harvey stated that it is at various locations.

Ms. Jackson-Amis stated that she had received a request from Ms. Stacey Ratcliffe, 204 S. Harrison, for Children At Play signs in the alley behind her house. She asked the Town Engineer to look at this request.

The Town Engineer, Mr. Glass, stated that these signs are not appropriate to put out in any area due to a liability issue.

The Town Attorney stated that this sign is no longer in the uniform manual of accepted signs that is promulgated by the United States Department of Transportation or by the State Highway Administration. The Town Attorney suggested finding another sign that would alert motorists.

Ms. Jackson-Amis asked if the Town Engineer had resolved the problem with businesses putting trash out for the weekend. The Town Engineer stated that letters will need to be mailed as well as talking to violators. Ms. Jackson-Amis discussed a sidewalk alteration that may require barricades on Higgins Street. The Town Engineer stated that he would look at this site that may be due to water connection.

Mr. Jensen asked which building code the Town of Easton uses for building construction. The Town Engineer stated that we currently use CABO and BOCA, a national building code as well as the International Property Maintenance Code, which deals with trim, paint, grass cutting and dilapidated homes. Mr. Glass stated that the State of Maryland will be adopting the International Building Code (IBC) in the near future. He stated that the Town of Easton will be required to adopt it.

Mr. Ford asked for an update on the Rails-to-Trails project. The Town Engineer stated that it is taking shape with grass growing. He stated that the next step is to get some pavement down on the trail itself and the crosswalk on Chapel Road. Mr. Glass stated that September 19 is the targeted completion date for the contractors work. After this date, the town crew will dress up the area.

Mr. Jensen discussed cross walks for the Rails-to-Trails. The Town Engineer stated that crosswalk upgrades for the rails-to-trails are included in the budget at Chapel Road and possibly some other locations. Mr. Jensen discussed bump outs at various crosswalks.

The Town Attorney stated that he has one item for Executive Session concerning legal advice from counsel.

Ms. Jamie Thompson, Matthewstown development was present to discuss the Codes the Town uses for inspection. The Town Engineer stated that for single-family residences, the builders usually chose to use CABO Code. He stated that the dwelling is usually built to one Code or another. Ms. Thompson asked whom she should contact to follow-up on what Code builders use.

Ms. Margaret Roe, 29339 Corbin Parkway, discussed the ongoing construction for Easton Club East. She stated that the blacktop on Dutchman’s Lane has been disrupted and the signs stated that there were steel plates which she did not observe. Ms. Roe stated that this is a hazardous situation at the entrance to the neighborhood. Ms. Roe asked that the Town hold the developer and subcontractors to safety standards which will not compromise the residents safety or quality of life.

The Town Engineer stated that field contractors informed him that the road was to be black topped today.

Mr. Jensen discussed the Joint County Council meeting and a Joint Growth Task Force consisting of the Town and County Attorneys, the Town and County Planners, the Town and County Assistant Planners, the Town and County Engineers and two elected officials from each entity. The Town Attorney stated that Mayor Butler had expressed an interest in serving on the Task Force. Mr. Kehoe asked the Council to select another member of the Council to be involved in this Task Force. It was the consensus of the Council to think about this.

The Mayor and Council discussed upcoming meetings.

The President of the Council asked if there was anything else to come before the Council. There was nothing.

At 9:30 P.M., upon motion by Mr. Ford seconded by Mr. Reed and carried, the Council went into Executive Session.

At 10:14 P.M., the President of the Council adjourned the Executive Session and reconvened the regularly scheduled meeting.

It was the Council’s consensus to schedule a meeting with the Housing Authority prior to a regular Council meeting.

It was the Council’s consensus for Mr. Ford to serve on Joint Growth Task Force with the County Council and Mayor Butler and various town officials.

There being no further business, upon the Council’s unanimous consensus, the President of the Council adjourned the regularly scheduled meeting at 10:21 P.M.

Richard T. Warfield, Jr. for Town Clerk