April 15, 2002

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.

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 Butler, Chief of Police George Harvey, Town Engineer Mr. Tim Glass, Assistant Town Engineer Mr. Joe Gruber, Town Planner Mr. Hamilton and Town Attorney Mr. Kehoe.

Ms. Jackson-Amis opened the meeting with prayer. She led those present in the Pledge of Allegiance.

Mr. Ford made a motion to approve the minutes of the April 1, 2002 meeting, seconded by Mr. Reed and carried unanimously.

Mayor Butler presented Town of Easton employee service awards to Mrs. Kathy Ruf, Administrative Office for 10 years service, Mr. John Coleman, Easton Police Department for 10 years service, Mr. Mark Hrobar, Easton Police Department for 10 years service and Ms. Joanne Drummer, Administrative Office for 20 years service.

The President of the Council brought Resolution No. 5766 to the floor authorizing the Town Clerk to take appropriate steps to implement the town serving as the recipient of proposed grant intended to benefit the Be A Star Sports and Cultural Arts Center.

The President of the Council asked for any questions. Mr. Ford asked if the Town is serving as a conduit.

Mr. Ford made a motion to approve Resolution No. 5766, seconded by Mr. Jensen and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5767 to the floor authorizing a budget transfer for the concession stand at North Easton Park.

The President of the Council asked for any questions.

Ms. Jackson-Amis stated that she is compelled to raise a question. She stated that what she is reading is that this will be a budget transfer from the contingency fund. Ms. Jackson-Amis stated that some time back, there was a question regarding using contingency funds. She asked why this matter is not being considered during the normal budgeting period.

Mayor Butler stated that this concession stand has been constructed over the last year and the contingency fund has enough money to transfer the amount necessary. Mayor Butler stated that this facility serves over 700 youth in the community.

Mr. Ford stated that the way that the contingency fund is currently managed, it is at the Mayor’s discretion to suggest to the Council how the funds are to be spent. Mr. Ford stated that his feeling is that the concession stand at the North Easton Sport Complex is being funded by a 60/40 match, 60% by private individuals, because of the impact the facility has on the youth of the town and county, he would support the Mayor’s suggestion.

Mr. Jensen stated that he shares his concern. He stated that whenever possible, it should go through the budget process.

Ms. Jackson-Amis stated that she is not going to oppose the resolution but if we are saying that the $13,000 requested to fund Be A Star was far too much, $40,000 should not be applied to a recreation facility. She stated that the standard applied to one organization or one body should be applied across the board.

Mr. Ford made a motion to approve Resolution No. 5767 seconded by Mr. Reed and carried with Ms. Jackson-Amis abstaining.

Ms. Ellen General, Executive Director of the Avalon Theatre, was present to update the Council on the Avalon Foundation. She stated that the Foundation has been running the Avalon Theatre for eight years now. Ms. General discussed recent activities. She stated that she will be submitting an annual report. She stated that next year; they are projecting a budget of $522,000. Ms. General stated that she will be speaking at the MD Preservation of Revitalization Conference in Baltimore, representing the Avalon, the Easton model in terms of historic theaters and revitalization. She stated that she is proud of the types of things the Avalon does to support the community. Ms. General proposed a Celebrate Easton day honoring the Easton Police Department, Fire Department, Easton Utilities, Parks and Recreation and Public Works. Ms. General discussed a proposed community news program with a partnership from a lot of different organizations and sponsorships. Ms. General discussed the nomination from the Talbot County Arts Council for the Governor’s Arts Award in the Patron Category resulting in 30 letters of support. She stated that she hopes to continue to serve the Mayor and Council and looks forward to feedback.

The President of the Council introduced Ordinance No. 443, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE EASTON TOWN CODE TO ESTABLISH A TREE BOARD FOR THE TOWN OF EASTON AND SETTING FORTH THE PURPOSE AND STRUCTURE FOR THE BOARD" for a first reading.

The President of the Council discussed reviewing the environmental issues brought up during public hearings to make sure testimony during the public hearings is being followed as appropriate procedure. He stated that he would like to see something in the Zoning Ordinance that would require environmental updates for projects approved to go forward.

The Town Attorney stated that he will speak with the Town Planner and prepare ideas for consideration.

The President of the Council asked for Council consensus on the petition of Arthur L. Foster and Ann E. Foster requesting annexation of 159.949 acres into the town fronting on the south side of Chapel Road, just north of Mulberry Station Subdivision. The requested zoning is 147.126 acres of R-10A (residential) and 12.823 acres of CL (limited commercial) for a triangular shaped portion adjacent to Route 50.

Mr. Ford stated that he would be willing to support the annexation but only if the entire parcel came in as A-1. He stated that he felt it is important to annex the property into Easton although he is uncomfortable not knowing what is intended for the 12 acres and not knowing how that parcel would fit into the already zoned CL property lining Route 50. He stated that if it comes in as A-1, it puts the town in a stronger bargaining position and creates extensive review and ultimately gets back to this Council.

Mr. Jensen stated that he would be willing to entertain the annexation under the condition that it is zoned A-1. He stated that he is not keen on annexing something into town unless you know what is going to be there and more importantly, he stated that he is not comfortable annexing something into the town unless the town knows what it wants there and he is not comfortable that we have a consensus on that. Mr. Jensen stated that he would support the annexation under A-1.

Mr. Reed stated he agrees with the A-1 zoning and does not like the light commercial in that 12-acre area. Mr. Reed stated that he would prefer to see a park in that area or something of beautification.

Ms. Jackson-Amis stated that she is not in favor of the annexation. She stated that she believes that the issue of growth has been addressed repeatedly and we need to take a firm stand at some point and determine what we want for the town.

The Town Attorney stated that he will communicate with the applicant’s representative, Mr. Murray, to see if the applicant wishes to proceed.

The President of the Council asked for Council consensus on Easton Village Development to allow the development on the Tred Avon River, of a 340 lot residential PUD subdivision generally located south of Maryland 33 on lot 16 of the Ratcliff Farm PUD subdivision and if granted, what conditions should be placed on said approval.

Mr. Ford asked when the application process for this project began.

Mr. Joseph Stevens, Esquire, representing the applicant, stated that the application process for the Ratcliff portion of the PUD, the original subdivision began in 1999 and Elm Street process began in the spring of 2000.

Mr. Ford stated that the Town Planner had pointed out the extensive review process this project has gone through. Mr. Ford stated that he felt it is important to point out that the Town has spent nearly two years in review and negotiations with the applicant.

Mr. Ford stated that he is going to support the application. Mr. Ford stated that more than any other property within Easton; this is the premier parcel available for development and is also located on a very sensitive waterway that admittedly is impaired. He stated that the reason he is going to support this is because he feels this is the Town’s best effort at negotiating with an applicant and listening to the concerns of the constituents and arriving at a negotiated compromise on an application. Mr. Ford described the things the Town has done well with in this regard. Mr. Ford discussed the waterfront park, the rails-to-trails, the stormwater management system, the moderate income housing program, the reduction in density from the original project, the expansion of the buffer zone, the financial support of the post development water testing, the construction of a test well in the aquafilter, and the tie-in to the Dudrow property. Mr. Ford stated that he will support the project.

The Town Attorney clarified for Mr. Jensen what the council was consenting to with this application.

Mr. Jensen stated that regardless of the outcome tonight, the Elm Street Development has raised the bar for those who want to develop within the Town.

Mr. Jensen stated that he will not support Elm Street’s proposal for a development and stated that he is not in favor of asking for growth allocation. Mr. Jensen stated that Easton Village is not an example of the sort of development it proposes to be. He stated that it wants to be like what we have in downtown Easton, a mix of housing styles with a mix of income levels and a mix of residential and commercial uses so the residents do not have to get in their cars and drive where they need to go. Mr. Jensen stated that they cannot succeed where they propose to develop due to the geography of the parcel isolated by two roads and a river. Mr. Jensen stated that this will be a development of 340 homes separated from Easton.

Mr. Reed stated that he feels that the development is too large with too many homes. He discussed the possibility of 700 cars on a two-lane highway. He stated that two little bridges does not make it part of Easton’s downtown. Mr. Reed stated that he is definitely opposed to State Highway Administration’s idea of a circle for the intersection of Route 33 and bypass. He feels that this will build up the traffic tremendously. Mr. Reed stated that he does not feel that this could be a part of downtown Easton. Mr. Reed stated that he is opposed to the project.

Ms. Jackson-Amis stated that this is the most difficult decision she has had to make so far. Ms. Jackson-Amis stated that she is not fully prepared to make a decision for this reason. She stated that she is convinced that this project will not impair the Tred Avon waters. Ms. Jackson-Amis discussed the affordable housing presentation from the developers, which she stated she found exciting. Ms. Jackson-Amis questioned the benefit of what the developer is giving to the town. She stated that she reluctantly cannot support the project and that some other issues need to be addressed.

The Town Engineer was present to discuss his revised fee schedule for Planning and Zoning, Building, Rental Housing/Property Maintenance and Public Works Department. He stated what was provided for Council’s consideration is what was formerly passed as Resolution 5710. He stated that this document is proposed for alteration at this time. Mr. Glass stated that fees have been changed to bring the fee schedule in line with what it actually costs us to administer some of the functions within the town. The Town Engineer stated that he had compared the proposed fees with surrounding jurisdictions to find that these fees are below or in line with some of the fees currently charged. The Town Engineer stated that this proposal is an attempt to close the gap between the budget and the fees charged to provide the service.

The Town Engineer stated that along with the revised fee schedule is Ordinance No. 444 which makes a change to Chapter 13A which is the Rental Housing Inspection Section of the Town Charter and Code which brings it in line with this Fee Schedule. He stated that specifically, what they are looking to do is charge a $15 per rental unit every two years for 1 to 10 units on one property and $15 per rental unit every five years if there are 11 or more units on one property. He stated that there are many properties around town with several rental units on one property. Mr. Glass stated that Ordinance 444 will reflect the annual basis.

Mr. Jensen questioned why the rate for rental housing units was being reduced.

The Town Engineer stated that this proposal is more user friendly for both the office and the public. He stated that this brings us more in line what is reasonable and fair.

Mr. Reed questioned if the Town has any way to know when the owner decides to move out and rent the property. The Town Engineer stated that directly, they do not. Mr. Reed questioned the billiard fee. The Town Engineer stated that he will have the Town Planner clarify that fee as shown.

The President of the Council brought the memo from the Town Engineer to the Council’s attention and asked Mr. Glass if that was for information only. The Town Engineer stated that it was for information purposes only.

The President of the Council brought a letter to the floor from Ms. Bertha B. Wilson on behalf of The Homeowners of Glenwood Avenue Extended regarding annexation, sewer and water hook-up.

The Town Attorney discussed the history of the Glenwood Avenue Extended area and compared the request to the West Kennedy Street Annexation petition. The Town Attorney stated that he could sit down with Ms. Wilson and other people of the community and discuss with them how the project has shaped up at West Kennedy Street. He stated that the engineering expenses are different and there are fewer homes to spread the cost around in but on the other hand, the sewer may be closer. Mr. Kehoe stated that the same process would need to be accomplished as with the West Kennedy Street neighborhood. Mr. Kehoe discussed the county and state agencies that need to be contacted to secure funding to accomplish this project.

The President of the Council asked the Town Attorney to meet with Ms. Wilson and the residents to discuss the project.

Ms. Jackson-Amis stated that on December 20, 2001, she appeared before the Planning and Zoning Commission and presented Ms. Wilson’s documents. Ms. Jackson-Amis stated that she wants to support Ms. Wilson’s efforts. She stated that the opportune time to bring this area into the Town would have been when Heartfield’s was being constructed. She asked Mr. Kehoe to research the economic impact on the homeowners from the time the matter was introduced to the Planning and Zoning Commission versus the current cost.

Ms. Bertha Wilson reiterated items relative to this matter. She stated that they would like to re-emphasize these major factors to be considered relative to the overall concern regarding this matter. 1) Failing systems, 2) proximity to the Tred Avon River, 3) decreasing property value 4) long-term cost to maintain property and existing septic systems. Ms. Wilson stated that they are ready to go to any extent to get some help. She stated that they are asking for help from the Town, the County and may go to the State.

Ms. Libby Dawkins, 11 N. Thoroughgood Lane, discussed the annexation of the Easton Point area. She asked that the whole area be looked at while examining the West Glenwood Avenue parcels.

The President of the Council brought invoices to the floor for approval for payment totaling $387,554.66.

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

The President of the Council brought a request from the Talbot County Council requesting the waiver of the building permit fees for the Med Star metal building helicopter facility to be constructed at the Airport.

Mr. Ford made a motion to approve Talbot County’s request for waiver of the permit fees, seconded by Mr. Jensen and carried unanimously.

Mayor Butler stated that there will be a Congressional Prayer Breakfast tomorrow morning at 7:00 at the Easton Volunteer Fire Department. Mayor Butler invited everyone to attend.

Mayor Butler stated that the Eastern Shore Association of Municipalities meeting will be held at the Osprey Restaurant in Chestertown tomorrow.

Chief Harvey stated that the Department had received a request from the Trustees from Wesleyan Church for assistance for traffic control at Route 50 and Goldsborough Street for 500 motorcycles on May 5. Chief Harvey stated that the Department had a request from JCB which will be doing some work at the Exxon Station on May 16, 17 and 18 on Port and Washington Street. He stated that they will be busting out some concrete and using an air hammer. He stated that their hours of operation are 7:00 a.m. to 7:00 p.m. Chief Harvey reported that Mr. Fuhrman will be bring cyclists into town for a 62.5 mile ride, a 100 mile ride and a 30 mile ride. He stated that they are asking for assistance from the Police Department in the areas they have jurisdiction. Chief Harvey stated that they had a request for assistance on April 26 for a secretaries’ workshop to be held at Easton High School from 9:00 a.m. to 4:00 p.m. He stated that Ms. Judy Haddaway is requesting that parking restrictions be relaxed on Mecklenburg Avenue for 35 additional cars.

Mr. Ford made a motion to approve the two-hour parking restrictions on Mecklenburg Avenue on April 26, seconded by Mr. Jensen and carried unanimously.

Chief Harvey had a request from the Academy of the Arts Museum plan for October 2002. He stated that they are asking for No Parking signs to be posted in front of the Academy Thursday and Friday before the event and relaxation of parking restrictions.

Chief Harvey reported that they are having the Easton Police Department’s 5K Police Chase on June 22, 2002 between 8:00 a.m. to 11:00 a.m. from Idlewild Park, Rails-to-Trails and will support the National Law Enforcement Officer’s Memorial Fund.

Chief Harvey reported that they will be having a Special Olympic Bike Event. He stated that Officer Frank Jones is requesting assistance on Saturday, May 18, 9:00 a.m. to 1:30 p.m. Chief Harvey stated that this event will be utilizing the area around Idlewild Park and will benefit Maryland Special Olympics.

Chief Harvey stated that he had an application for a Town of Easton Public Assembly for Good Neighbor Day at the Talbot County Public Library June 2, 2002 on the library grounds. He stated that West Street between Dover and Federal will be closed.

The Town Engineer stated that they will be beginning some utility and street patching efforts in the near future. He stated that Bramble may be in town as early as next week to start paving and resurfacing some of the annual budget identified streets. Mr. Glass stated that there may be some scheduling problems but he will keep everyone informed.

The Town Engineer stated that the Department of Natural Resources has selected Easton as a Plant Community and will be accepting a Plant Community Award which will take place in Chestertown on April 23. He stated that in the last two weeks, the Public Works Department has planted about 110 trees.

Mr. Jensen asked what the status is on the crosswalk signs on Goldsborough Street and Chapel.

The Town Engineer stated that the modifications on Goldsborough Street were just completed last week. He stated that it is his intent to leave the sign off but it can be put up if the Council wishes.

The Town Attorney advised to put the signs back. Mr. Jensen and Mr. Ford agreed.

Ms. Hope Harrington was present on behalf of her father Mr. Charles Reynolds who lives on Goldsborough Street. She stated that he courageously wrote a letter to the Editor of the Star Democrat hoping the Council would read it talking about his limited eyesight and the fact that he uses the Rails-to-Trails three to four times a day. Ms. Harrington stated that her father asked her to help thank the Mayor and Council for making the improvements, which have made an enormous difference. She stated that the signs are working all over town and encouraged placing the signs on Goldsborough Street.

Ms. Jackson-Amis asked if it will be okay to have Treekeepers connected with the Board as consultants.

The Town Engineer stated that they will be very involved.

Ms. Peg Sinclair, Wye Avenue, Easton stated that she is co-founder with Ms. Libby Dawkins, Treekeepers, a registered Maryland non-profit corporation. She stated that they cannot serve on the tree board due to their status. However, Ms. Sinclair stated that the Town Engineer has asked them to assist and nominate possible members to this board, which is being organized with this ordinance. She discussed the Treekeepers activities and their role in the Town. Ms. Sinclair discussed the health benefits of trees.

Ms. Peg Sinclair invited the Council to the Historical Society for a certified class on May 16 for a Tree Health and Hazard class. She stated that this class is the first of three to offer information.

The Town Attorney asked for an Executive Session with regard to a personnel matter.

The President of the Council asked the Town Attorney about re-districting and new election laws. The Town Attorney stated that he will submit information to the Council.

Ms. Jackson-Amis asked if there is going to be a meeting about this or if there is going to be some change.

The President of the Council stated that the Council needs to receive information from the Town Attorney and then see what needs to be done.

The Town Attorney stated that there are some changes with regard to the election laws, simply if nothing else, updating with regards to State law and the way the registration is working in the county. The Town Attorney stated that there were problems in the last election with correctly identifying the ward where the residents were supposed to vote, which is something we need to avoid in the future.

Ms. Jackson-Amis asked if the public would be given the opportunity to make changes and share in a workshop or public meeting what their experiences were at the voting booth which may give the Council an insight on what changes need to occur.

The Town Attorney stated that he is recommending to the Council to consider some changes to the election code. He stated that public comment is an option the Council could consider.

Ms. Jackson-Amis asked Mr. Grunden if in the memo, she understands that Easton Utilities would not be supplying customers with certain services.

Mr. Grunden gave background information regarding the changes in Easton Utilities’ gas service policies. Mr. Grunden stated that they are backing away from some work due to changed technology because they are not trained in that area. Mr. Grunden stated that if there are any safety issues or odor of gas, they will respond, be there first, and stay there until the matter is corrected. He stated that it will probably cost the resident more money to hire an outside contractor. Mr. Grunden stated that they have talked to local contractors and found out who provides 24 hour a day, 7 days a week service as well as who works on certain kinds of equipment so the customers are not left hanging.

Mr. Grunden complimented Mrs. Wilson on her presentation this evening. He stated that she is her seventh grade teacher and has not lost her ability to capture her audience’s attention or to deliver her message effectively and clearly.

Ms. Jackson-Amis discussed the decision from the Office of the Attorney General, which says that the Human Relations Commission can be established in the Town of Easton with subpoena power. She stated that it does not mean that the town has adopted that process yet.

Mr. Jensen made a motion to convene into Executive Session to discuss personnel seconded by Mr. Ford and carried unanimously following a roll call vote.

At 8:57 P.M., the President of the Council went into Executive Session.

At 9:40 P.M., the President of the Council closed the Executive Session.

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

There being no further business, upon motion by Mr. Reed, seconded by Ms. Jackson-Amis and carried unanimously, the President of the Council adjourned the regularly scheduled meeting at 9:41 p.m.

Town Clerk