October 1, 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 and Town Clerk Mr. Karge.

Mr. Reed opened the meeting with a moment of silence for the victims and the families of the recent tragedies in New York and Washington and then prayer. He led those present in the Pledge of Allegiance.

Mr. Ford made a motion to approve the minutes as written, seconded by Mr. Reed and carried unanimously.

Mr. William Farberman, Waverly Road, Easton, addressed the Council regarding the Talbot County Liquor Board. He stated that as a Commissioner, the Board functions best when they receive the cooperation from the various law enforcement agencies of the county. Mr. Farberman stated that they are getting that cooperation from the Easton Police Department. He stated that from Chief Harvey who sets the tone, through Capt. Hobbs, who was the liaison to the board before his new assignment. Mr. Farberman stated that they appreciate the cooperation they have been getting. He stated that the officers that testify before the board do so very professionally. Mr. Farberman extended his gratitude to Cpl. Ronda Thomas who has done an excellent job. He thanked the Chief and the Council.

Mr. Drew Jensen, Easton Volunteer Fire Department, thanked the Council for their participation in the memorial service on September 17. He stated that the Engine Committee is making a recommendation to the department tonight which will go to the Fire Board next week and come before the Council in two weeks. Mr. Jensen reported on the fire department’s activities.

Mr. Jensen thanked him for the memorial vigil.

Mr. Christopher Kehoe, Town Attorney discussed the Cooke’s Hope Growth Allocation issue. Mr. Kehoe stated that Mr. Armistead has given him a letter stating that his client is now agreeable to the imposition of the easement along Route 33 in the manner that the Council had previously discussed. He stated that as part of that, his client is going to finalize a development plan for all the remaining residential construction to be done in Cooke’s Hope, get an approval on that, and at that point, proceed with that development and the development for the 39 lots subject to the growth allocation.

Mr. Bruce Armistead, representative for Cooke’s Hope thanked the Council for the time and effort on this project. He stated that the owner of the property is going to look at the map to make sure all of the loose ends are tied down. He stated that it is their understanding that if the growth allocation request is granted, it would be conditioned upon the easement. Mr. Armistead stated that this could take some time. Mr. Armistead stated that at the end of this process, everyone will know exactly what is to be done in Cooke’s Hope.

Mr. Jensen asked for clarification on the approval before the Council tonight. Mr. Armistead stated that this would be for the growth allocation and the PUD Amendment will come at another time.

Ms. Jackson-Amis asked would the application as presented have to be formally amended so the easement would be given.

The Town Attorney stated that the document before the Council approves both the application for award of growth allocation acreage and the application to amend the Planned Unit Development and provides as a condition to both, that the easement along Route 333 be implemented.

The President of the Council brought Ordinance No. 433, "AN ORDINANCE OF THE TOWN OF EASTON GRANTING THE APPLICATION OF COOKE’S HOPE, LLC FOR GROWTH ALLOCATION UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE" to the floor.

Mr. Ford moved Ordinance No. 433 for passage, seconded by Mr. Reed and carried unanimously following a roll call vote.

The President of the Council brought Ordinance No. 434, "AN ORDINANCE OF THE TOWN OF EASTON GRANTING THE APPLICATION OF COOKE’S HOPE, LLC, FOR AN AMENDMENT TO A PLANNED UNIT DEVELOPMENT UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE" to the floor.

The President of the Council asked for questions.

Mr. Ford made a motion to approve Resolution No. 434, seconded by Mr. Jensen and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5748, "A RESOLUTION OF THE TOWN OF EASTON TO CHANGE THE NAME OF THE PUBLIC STREET TULL ALLEY TO BLAKE STREET" to the floor. He stated that this formalizes the procedure that took place at the previous meeting.

Ms. Jackson-Amis moved Resolution No. 5748 for passage, seconded by Mr. Jensen and carried unanimously following a roll call vote.

The President of the Council brought Resolution 5749, "A RESOLUTION OF THE TOWN OF EASTON AUTHORIZING THE EXECUTION OF A LETTER OF INTENT WITH THE STATE OF MARYLAND DEPARTMENT OF GENERAL SERVICES TO PROVIDE AN OFFICE FACILITY FOR THE TALBOT COUNTY DEPARTMENT OF SOCIAL SERVICES" to the floor.

The President of the Council asked for any questions.

Mr. Ford asked the Town Attorney to briefly summarize what the Council is talking about for the public’s information.

The Town Attorney stated that the Town of Easton has been in discussions for sometime with the Department of General Services which is the leasing agent for the State of Maryland with regard to the Town constructing an office building to house the Talbot County Department of Social Services which is currently located on South Hanson Street and is inadequate in space. He stated that the Department of Social Services has looked at several places over the last couple years and eventually decided that the best location is at the Easton gas plant site at the corner of West and Dover Street. Mr. Kehoe stated that this has been the subject of a great deal of discussion. He stated that environmental studies have indicated that there is some degree of potential contamination resulting from activities that took place on the site before the Town of Easton acquired title to it in the 1920’s. He stated that the State of Maryland is undertaking making this site ready and available for the Department of Social Services and has committed $750,000 to clean up the property in this fiscal year with an indication that they will spend more if necessary to completely accomplish the clean up. He stated that this is a good location for the people who need the services.

The Town Attorney stated that what is before the Council tonight is not a binding commitment but a letter of intent stating that the Town of Easton intends to proceed with this transaction.

Mr. Jensen asked if it would cover the Town’s cost. The Town Attorney stated that the lease payments will be structured to reimburse the Town for the expenses including the administrative expenses and architect fees that are associated with the project.

Mr. Jensen asked what could be done to provide for what will happen to the old Social Services building. The Town Attorney stated that the old Social Services building is owned by a private individual who leases it to the state currently. Mr. Kehoe stated that when the state vacates the building, if no other state agency moves in, it would be suitable for redevelopment in some fashion or it could be used for offices for another entity.

Mr. Ford made a motion to approve Resolution No. 5749, seconded by Mr. Jensen and carried unanimously following a roll call vote.

Mayor Butler reminded the Council members that there is an Eastern Shore Association of Municipalities Dinner in Salisbury on October 16 at 6:00 p.m. He asked those present to give notification if they plan to attend.

Mayor Butler asked the community to display their American Flag in support of our country.

Chief Harvey stated that he had two requests. He stated that one is from Ms. Sunday Fellows for their Annual Easton High School Homecoming. He stated that they are requesting a change in the line-up. Chief Harvey stated that it will be the same as the Easton Little League’s parade line-up. He will notify the Council of the date.

Mr. Ford made a motion to approve the Easton High School’s homecoming festivities, seconded by Mr. Jensen and carried unanimously.

Chief Harvey reported that they had a request from Christ Church for their Annual Fall Sale. He stated that they are asking for relief for the parking meters on Harrison Street from October 15 through October 19. He stated that volunteer workers will display placards in the window. Chief Harvey recommended approval and stated that this request had been granted in the past.

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

Chief Harvey stated that at the last Council meeting there was some discussion regarding the Waterfowl Festival and services to be provided by the Police Department. Chief Harvey stated that he has gone back and done some research. He reported that the Police Department, the Town of Easton currently contributes $5,275 in services to the Waterfowl Festival each year. Chief Harvey stated that he does not see how the police department can support the grant request from the Waterfowl at this particular time.

Mr. Ford asked for clarification on the amount. The President of the Council stated that it is for $1,500 to $2,000. Chief Harvey stated that he has available a breakdown on the hours the police resources are required.

Chief Harvey reported that Easton Police Department is the recipient in the State of Maryland for a First Place Award for a police department their size. The award is for participation in the Maryland 2001 Chief’s Challenge Campaign. He stated that Sgt. Jarrell was the coordinator for the efforts.

The President of the Council asked Chief Harvey when Halloween would be observed. Chief Harvey stated that it will be observed October 31.

Ms. Jackson-Amis stated that she had a concern for the Chief. Ms. Jackson-Amis stated that Saturday evening, a warrantless search was conducted on Port Street. She stated that she has tremendous concerns about it. Ms. Jackson-Amis stated that many neighbors approached her on the street. She stated that she had spoken with the officer on duty, Sgt. Sears, who was very cooperative. Ms. Jackson-Amis stated that she was concerned because there was no exigent circumstances. She stated that the person the police were concerned with was already in custody and she did not understand why a warrant was not obtained. She stated that the person from the narcotics unit, the combined forces, indicated that there had been a warrant requested and it was ready to go. Ms. Jackson-Amis stated that she certainly did not want to see any person, their being, or houses, searched unnecessarily. She stated that she certainly is not a proponent of crime and wants to have it ridded from this community just like everybody else but at the same time, the concerns that she raises are very serious. Ms. Jackson-Amis stated that the second part of this is that the police officers were asked to get a warrant where their officers verified this was the case and then the ladies there, one being 80 plus years and two others were told that if they did not give them the warrant, the officers would come back, kick the door in, place them in a compromising position on the floor and put the handcuffs behind their back. Ms. Jackson-Amis stated that she raises this as this was all discussed in the presence of the officers and the ladies who complained about this in their presence. She stated that there was a lot of unrest on the streets, which they were able to contain as nothing got out of hand. Ms. Jackson-Amis stated that she raises this as a major concern and she would like to see it investigated. She stated that if they have the opportunity to get a warrant, she is certain they can get it, unless there are exigent circumstances where someone is in danger.

Chief Harvey asked Ms. Jackson- Amis if she would like him to comment on her concerns now. Chief Harvey stated that there is a difference in search warrant circumstances for exigent circumstances. He stated that in this particular case, the reason they opted to a consent search, is because of the fact that there were elderly people inside. He stated that consent search is allowed by Maryland law, Article 27. Chief Harvey stated that they did have a search warrant filled out but due to numerous warrants served at this residence before, knowing the people involved and allowing the women their freedom while the officers searched, they chose to exercise the consent to search rather than going in so violently with a search warrant which would have meant taking the door off the hinges and in fact putting these people in handcuffs. Chief Harvey stated that no one was handcuffed that night.

Ms. Jackson-Amis stated that she knew that. She stated that there is no consent where there is duress and intimidation, which was discussed with the officers at the time. Ms. Jackson-Amis stated that her concern with raising this with Chief Harvey now is because her telephone has been off the hook with people concerned about it. She stated that she was present and came forward. Ms. Jackson-Amis stated that there was no effort on her part to interfere, which she did not do, with the officers doing their duty, but there is a difference in consent and consent following intimidation and that is a concern.

Chief Harvey stated that he has conducted the investigation and they do not use intimidation tactics. Chief Harvey stated that the officers and investigators on the scene that night, went over and above and the crowd at this address was drawn specifically because a member of the Council approached from the outside. He stated that the officers were proper, used no intimidation methods, the ladies inside the house consented to the search in writing and when the drugs were found in the house where they said they were going to be, walked out and discussed. Chief Harvey stated that he stands by what the officers did, they worked in accordance with the law and they do use the permission to search if the people agree as it is a lot less violent than a search and seizure warrant seizure.

The Town Engineer discussed the Blake Street project. He stated that he has had some success with talking with some representatives from the Habitat of Humanities organization and HUD. He stated that it looks like we are going to be able to get some funding for making that a through street as well as curb and gutter and some utility improvements. Mr. Glass discussed the scheduled paving around town, which should take place in the next couple of weeks.

The President of the Council asked the Town Engineer about stormwater management at Tanyard Branch. The Town Engineer stated that Mr. Joe Gruber, Assistant Town Engineer and himself have been working directly with the U.S. Army Corps of Engineers to identify a scope for the work and if it will fit into one of their funding categories. Mr. Glass stated that it is a big project and they are still working on it. He stated that it will continue rather slowly.

Mr. Jensen asked why this is necessary.

Mr. Glass stated that the Town of Easton has an old stormwater piping system in the town where the culverts were installed years ago. He stated that there is a need to capture stormwater, detain it in a pond to keep the water from filling the pipes downstream, and allow better drainage to occur.

Mr. Jensen asked how the curbs are going on Chapel Road. The Town Engineer stated that weather permitting, they should be out of there in the next two to three weeks and then they will schedule Bramble’s to do the road re-surfacing.

The President of the Council asked if there was anyone in the audience to come before the Council.

Mr. Al Silverstein, Talbot County Chamber of Commerce, stated that the Chamber of Commerce is sponsoring a Smart Growth conference at the Avalon Theatre from 7:30 a.m. to 12:00 noon on October 13. He stated that Ms. Harriet Tregoing from the Governor’s office will be one of the keynote speakers. Mr. Silverstein stated that invitations will be forthcoming.

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

At 7:39 P.M., the President of the Council adjourned the regularly scheduled Council meeting.

Robert F. Karge, Town Clerk