May 6, 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 Chief of Police George Harvey, Town Engineer Mr. Tim Glass, Town Planner Mr. Hamilton, Town Attorney Mr. Kehoe and Economic Development Director Mr. Bond.

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 April 1, 2002 meeting, seconded by Mr. Reed and carried unanimously.

Mr. Tom Murphy, Trustee, of the Easton Volunteer Fire Department, Inc., was present to report the Company’s April activities. He stated that they recently dedicated the newly purchased tanker that will be put into service. Mr. Murphy asked for questions. There were none.

Mr. Jim Price, Chesapeake Bay Ecological Foundation addressed the Council regarding reducing phosphorus levels in the Choptank River. Mr. Price referred to the letter he had addressed to the Maryland Department of Environment regarding the permit for Easton’s Wastewater Treatment Plant. He stated that he is present to ask the Town to help clean the Choptank River. Mr. Price stated that he and some concerned citizens as well as members of Talbot River Protection Agency had met with Easton Utilities regarding their discharge. He stated that technologies are available to do the job.

Mr. Price asked for questions.

Mr. Jensen asked Mr. Price what he felt would be the quickest solution. Mr. Price suggested Mr. Jensen ask someone more technical.

Mr. Jensen asked for the top ten ranking polluters of the Choptank. Mr. Price stated that he will forward that information.

Mr. Ford directed Mr. Grunden to respond.

Mr. Grunden discussed Easton’s annual phosphorus average, which he states is about 2.5 milligrams per liter. Mr. Grunden responded to Mr. Price’s remarks. He stated that Mr. Price is correct in that the technology and the goals have changed. Mr. Grunden stated that nitrogen and phosphorus need to be reduced in the watershed of the entire Chesapeake Bay. He stated that a preliminary study will be complete by June 30, 2002 and will identify processes that can be either added on to the Easton plant or processes that will replace the Easton plant going forward. Mr. Grunden stated that Easton had the first BNR in the Choptank River basin, which was state of the art when it was built. He stated that Easton was ahead of the curve, going through the useful life of the plant, and is committed to get ahead of the curve again.

Mrs. Jackson-Amis asked Mr. Grunden to comment on the growing that is suggested for the Town of Easton as it relates to the management of the system or getting the system into the healthiest state.

Mr. Grunden discussed the current effluent and the need to plan for growth.

Mr. Kevin Morris was not present this evening.

Mr. John Plask, Executive Director, Crossroads Community and Ms. Janice Braithwaite, Executive Director for Chesapeake Rural Network, Centreville was present to address the Council regarding Shore Alliance for Independent Living. Mr. Plask discussed the Shore Alliance for Independent Living (SAIL) Program. He stated that the purpose is to develop safe, affordable housing for mental health consumers. Mr. Plask stated that the other partner in this project is Interfaith Housing Development Corporation of the Eastern Shore out of Denton. He stated that they each have a role in the endeavor. Mr. Plask stated that one of the gaps is safe, affordable housing. He stated that they are trying to identify one property in several towns that can be utilized for housing.

Ms. Janice Braithwaite stated that her program runs on the basis of support, advocacy and education for consumers who are recovering from a mental illness. She stated that most of the consumers want homes of their own or places to stay to bring their family or friends home with them if they can afford it. She stated that housing projects give them more independence in the community.

The President of the Council asked what their next step is. Mr. Plask stated that they are looking for suitable properties in all five towns. He said they are looking for a property to purchase, renovate and get it operational.

Mr. Jensen asked who would own. Mr. Plask stated that SAIL would own the property and lease to the tenants.

Ms. Debbie Dodson, Director, Talbot County, Office of Tourism updated the Council on activities. She shared the economic impact of tourism on Easton and Talbot County. Ms. Dodson discussed the tourism spending and taxes collected in Talbot County. She stated that Easton is in the position to increase corporate business with present conference facilities. Ms. Dodson stated that they need to focus on drive traffic and increase the market share in Easton by spending more money on advertising. She asked the Council to look over their budget request of $20,000 and not look at the request as an expenditure but as a reinvestment in tourism and profit. She stated that for every dollar spent, there is a $12 return. Ms. Dodson stated that their tourism board meets the first Wednesday of every month at the Operation Center on Port Street at 8:30 A.M. She encouraged everyone to attend.

The President of the Council asked for the Council consensus on the proposed annexation of the lands owned by Sherri Talbot, Yvonne D. Hoffman and the Yvonne D. Hoffman Charitable Remainder Unitrust ("Petitioners") containing approximately 52 acres, located east of Route 50, adjacent to the southern boundary of the Town.

Mr. Reed stated that Cherrywood Development had the opportunity to address the South Beechwood Association. He stated that they had presented their development plans and made some changes. He discussed the changes that the community is very much in favor of. Mr. Reed stated that with the reaction he received from the community, he would be in favor of moving forward with this project.

Ms. Jackson-Amis asked the Town Planner if he would be in a position to tell how near the Planning Department is with the completion of the Comprehensive Plan and the Visioning Plan.

Mr. Hamilton stated that he felt that they are at least a year a way.

Ms. Jackson-Amis stated that until we have some idea of what we want the Town of Easton to look like, the growth that we want to engage in, we have to take our own counsel and not develop anything additional until we do have some clarification. She stated that the issue for her is whether or not we have taken into account, the suggestions that will be embodied in the Comprehensive Plan and because we have not, and won’t be able to based upon Mr. Hamilton’s projection for at least a year, she stated that she would not be in favor of approving this request.

Mr. Ford stated that the annexation discussed previous to this, he made the motion that he would be in favor of the annexation if it came in under the A-1 Zoning which would get the property into the town limits where the Council would have review powers and the Town’s regulations would apply to the development and the Council would have the opportunity to look at any development that was being proposed. Mr. Ford stated that it is important to note that this is being proposed as A-1 Zone, which will give the Council an opportunity to review as a Council the appropriate design of the development. Mr. Ford congratulated the developers for their efforts in engaging the South Beechwood community. He stated that he would not be interested in seeing any plans for development until the South Beechwood community has had the opportunity to comment and participate in that design. Mr. Ford discussed the connector road, which he stated was not well received with the South Beechwood community. He stated that he hopes that the Planning Commission has the opportunity to explore this access. Mr. Ford stated that he is in favor of the annexation.

Mr. Jensen stated that he is not in favor of this annexation. He stated that he would have to agree with Ms. Jackson-Amis. Mr. Jensen stated that he does not feel that this property needs to be brought into town right now when we are getting close to a new Comprehensive Plan. He stated that he does not think that there is as great as a potential for development that we do not absolutely want so he opposes this development.

Mr. Willey stated that he had attended the meeting with a number of the South Beechwood residents. Mr. Willey stated that he had heard the developer agree to leave a substantial amount of the wooded area east on the property untouched. He also discussed the issue with the developer leaving a privacy berm between the development and a portion of the South Beechwood neighborhood. Mr. Willey stated if these conditions are in the final legislation, he would agree with the annexation.

The Town Planner stated that in order to work with the applicant, they need some clarification regarding the conditions. The President of the Council discussed the conditions from the meeting.

The Town Planner discussed the eastside collector right-of-way.

Christopher Drummond, Esq., the Town of Easton’s attorney for this annexation, discussed the annexation agreement proposed through Mr. Stevens, the applicant’s attorney, stated that he has some questions regarding the scheduling of the connector road and when the applicant would be obliged to actually build it.

The Town Planner stated that the applicant should agree to build the collector road but the exact location and scheduling should be created during the PUD process.

The President of the Council asked if Mr. Alan Gregg, Gregg Construction was present. Mr. Gregg submitted a letter to the Council requesting permission to erect one additional "Please No Smoking" sign at Idlewild park between the tennis courts and the backstop of the ballpark. Mr. Gregg was not present.

The President of the Council brought Ordinance No. 443 to the floor, "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." The President of the Council stated that this Ordinance had been introduced at the previous Council meeting. He asked for any questions. There were none.

Mr. Jensen made a motion to approve Ordinance No. 443, seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5678 repealing and reenacting Section 14-7 of the Town Code and adopting a Schedule of Fees.

The Town Engineer stated that he would prefer to table this Resolution and Ordinance No. 444, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE EASTON TOWN CODE SECTION 13A-5 REGARDING RENTAL LICENSE RENEWALS TO PROVIDE THAT EXPIRATION AND RENEWAL TIME PERIODS MAY BE SET BY RESOLUTION," until the next meeting.

The President of the Council introduced Ordinance No. 445, adopting amendments to the Forest Conservation Ordinance for a first reading.

The Town Planner stated that there is no requirement or time frame for a Public Hearing as the Town is not required to hold a Public Hearing. Mr. Hamilton stated that the changes are minor and required by State law because of Amendments to the State law.

The Town Planner distributed and briefly explained the Forest Conservation Ordinance. He stated that their department had received notice that the State Legislators had passed legislation amending the act in several places and if we had adopted the model code, which, they recommended, we were required by July 2002 to amend the Town of Easton’s Ordinance to comply. He stated that some of the changes were mandatory and one was voluntary. Mr. Hamilton stated that they have gone over the changes with the Planning and Zoning Commission and they recommended approval.

The Town Planner briefed on the proposed changes to the Forest Conservation Ordinance.

The President of the Council addressed Mr. Dan Brasington, Chairman of the Park Board regarding Mr. Alan Gregg’s letter for additional "Please No Smoking" signs at Idlewild Park. He asked that Mr. Gregg be contacted to attend a Park Board meeting with his request.

The President of the Council brought a list of nominees from the Mayor for the Economic Development Advisory Board. The President of the Council asked for any questions.

Ms. Jackson-Amis stated that this is not appropriate for approval at this time, as there is a requirement to have 20 days to review appointments. She stated that it is important that the Council’s input is received in a timely fashion. Ms. Jackson-Amis asked for a balance and broad representation for concerns within the community for the best impact.

The President of the Council tabled the Mayor’s recommendation until the next meeting.

The President of the Council brought a ballot to the floor from the Local Government Insurance Trust for next year’s Board of Directors. He asked for questions. There were none.

Mr. Ford moved approval of the nominees, seconded by Ms. Jackson and carried unanimously.

Chief Harvey discussed the bicycle ride for St. Michaels that Mr. Steve Fuhrman was going to put together. Chief Harvey stated that the ride will be rescheduled.

Chief Harvey stated that the Talbot River Protection Association will have approximately 300 attendees at the Tidewater Inn for a conference.

Chief Harvey stated that there will be a ceremony to honor the Blake Blackston Color Guard as they are no longer going to compete at the local level. He stated that they are having an affair at the Easton High School with a reception on May 10 at 7:00 p.m.

Chief Harvey stated that they have received an application for a Spring Fling Public Assembly at Moton Park on May 11.

Chief Harvey stated that the Housing Authority has received approval to use Moton Park for their fundraiser.

Chief Harvey stated that SADD (Students Against Destructive Decisions) is sponsoring a mock accident on May 16. He stated that they have requested assistance in front of the Police Department.

Chief Harvey reported that they have a permit request for the Elks’ Parade on Sunday, June 23 at 2:30 P.M. to 4:30 P.M., which has been approved by the Easton Police Department. Chief Harvey stated that this will be the same format as last year, which went over well.

Chief Harvey discussed a request for a permit, which will be received for the Farmer’s Market.

Chief Harvey discussed the need for appropriate notice for requests for Public Assembly Permits in order to organize appropriate resources.

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

Mr. Jensen asked the Chief for information on an accident on the Rails-to-Trails on Goldsborough Street on May 3. Chief Harvey stated that at 3:30 P.M., a youngster got away from his older sibling, onto a bicycle and was tapped by a car traveling on Goldsborough. He stated that the child was only slightly injured and returned to the parents.

The Town Engineer stated that everyone could sympathize with the Town of LaPlata with what they have gone through with the recent tornado. He stated that we have received a request from MML for assistance and asked for approval to send a six-wheel dump truck to LaPlata with a couple vans, chain saws, brooms and whatever it takes and take along our brush chipper to give those folks a hand this Wednesday through Friday. Mr. Glass stated that the Public Works response to this request has been very good and we will be reimbursed for direct expenses. He stated that he thinks it is an important gesture to make to help.

Mr. Willey asked if the department would commute. The Town Engineer stated that they will spend the nights in the area. The Town Engineer discussed sending an additional truck, which would interrupt trash pickup. He stated that notice could be given to the public through the weather channel crawl on the cable network.

Ms. Jackson made a motion to lend the necessary equipment and send help to the Town of LaPlata May 8 through May 10, seconded by Mr. Jensen and approved unanimously.

The Town Engineer stated that with any luck with the weather, the remaining jobs on the books for the budget will be completed before year-end. He stated that there are curb and gutter, sidewalk and street reconstruction to be completed on Talbot Street, Blake Street and the last blocks of South Hanson Street. Mr. Glass stated that for the Council’s information, mosquito spraying will be taking place.

The Town Engineer discussed the Plant Community Award received by the Town of Easton. Mr. Glass introduced Mr. Brian Hause, Superintendent of Public Works. Mr. Hause discussed the Town of Easton becoming a Tree City. Mr. Hause stated that the Town of Easton had met the criteria for the Silver Award which entailed getting the tree inventory started and getting a beautification or a Tree Board started. Mr. Hause presented Mr. Warfield with the award for display at the Town Office. Mr. Hause stated that they have planted 85 trees at Moton Park and a total of 202 trees this year. He thanked the Tree Keepers for their efforts. Mr. Hause asked if there were any questions.

Mr. Reed discussed recent activities at North Easton Park, which cause traffic concerns. He stated that an ambulance could not have gotten into the Park if anyone was injured and there was illegal parking. Mr. Reed stated that Mr. Morse had notified the Lacrosse Association that there would be problems with parking due to the amount of games. Mr. Reed questioned if there were plans for additional parking.

The Town Engineer stated that there is a lot of park for a little bit of land and is very full. He stated that he believes that there are scheduling concerns. Mr. Glass discussed speaking with Suburban Propane and possibly utilizing their parking when Lacrosse is going on with soccer games scheduled.

Mr. Reed asked that the Police Department be notified of another full day at the Park, which will be May 18.

Mr. Jensen asked about the crosswalk sign on Goldsborough Street. The Town Engineer stated that another one had been hit. Mr. Glass stated that he would have to look for additional funds to keep replacing destroyed signs.

Mr. Reed discussed the grain trucks traveling on South Aurora Street from 6:00 A.M. to 8:00 P.M. He had a complaint from a resident stating that they shake his house getting to the grain elevators. Mr. Reed asked if there is an alternate route.

The Town Engineer stated that they are to use the access on Needwood Avenue. The Town Engineer stated that he will contact the contacts at the grain facility.

The Town Attorney asked for an Executive Session to discuss real estate and the retention of business.

Mr. Jensen discussed the status for the consensus on the Ratcliffe Farms taken at the last meeting.

The Town Attorney stated that he had spoken with the President of the Council who suggested deliberating on the Findings of Fact until the next meeting.

The President of the Council stated that there were concerns from at least two Council members in regards to the Ratcliffe matter.

Mr. Al Bond discussed the Farmer’s Market and asked the Council if the same parking lot would be available for their use. He stated that they do not anticipate any changes and asked for any questions.

Mr. Ford made a motion to approve the Farmer’s Market in the Town of Easton’s Harrison Street parking lot, seconded by Ms. Jackson-Amis and approved unanimously.

Mr. Ford stated that today is Election Day in St. Michaels for two seats on the Town Commission. Mr. Ford extended his gratitude and congratulations regardless of the outcome for their intention to serve the community.

Mr. Ford discussed a workshop in Chestertown for Tools for Watershed Protection put on by EPA. He suggested someone from Public Works investigating the possibility of attending.

Ms. Jackson-Amis asked the President of the Council to explore what Community Legacy Grant opportunity is available. She stated that she had spoken with the Assistant Town Planner who had spoken with Mr. Ed White to come by and talk about the project.

Mr. Ford stated that Community Legacy was funded at less than half of what it was funded for last year so his thoughts were that it would be extremely competitive.

The President of the Council asked if there was anyone else to come before the Council. There was no one.

Mr. Ford made a motion seconded by Mr. Reed and carried unanimously to go into Executive Session.

At 8:23 P.M., the President of the Council went into Executive Session.

At 9:33 P.M., the President of the Council reconvened the regularly scheduled meeting.

There being no further business, the President of the Council adjourned the regularly scheduled meeting.

Town Clerk