May 20, 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, Assistant Town Engineer Mr. Gruber, Town Planner Mr. Hamilton, Town Attorney Mr. Kehoe and Economic Development Director Mr. Bond.

Mr. Jensen 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 May 6, 2002 meeting, seconded by Mr. Jensen and carried unanimously.

Mr. Barry Slaughter was present on behalf of the Easton Volunteer Fire Department. Mr. Slaughter stated that the State of Maryland has passed a law regarding fireworks. He stated that they are still researching the matter.

Ms. Peggy Roe was present to address the Council. Ms. Roe discussed the 10^th Annual Mid-Atlantic Maritime Arts Festival that was held May 17 – May 19. She thanked the volunteers that worked on the Silent Auction that benefits the children of Talbot County through grants to a variety of organizations. Ms. Roe thanked the local businesses for the donations and the volunteers for their time.

Master Alex Haschen was present to update the Council on the fund-raising progress for the skatepark. Master Haschen introduced his committee member Master Chris Kehoe, Jr.. He updated the Council on his efforts to get a skatepark for the Town of Easton. Master Haschen stated that they had T-shirts printed and have been hard at work selling them. He presented the Council with a complimentary T-shirt for helping their dream come true. Master Haschen presented the Mayor with $300 in T-shirt sales as well as $205 in donations from individuals.

Mr. Ford asked Alex to clarify how to donate money towards the skatepark. Alex stated that they would accept cash or a check made out to the Town of Easton – ESA.

The President of the Council tabled Resolution No. 5751 and Ordinance No. 437 until the next meeting.

The President of the Council brought Ordinance No. 445 to the floor adopting amendments to the Forest Conservation Ordinance. He asked if there were any questions. There were none.

Mr. Ford made a motion to approve Ordinance No. 445, seconded by Mr. Jensen and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5678 to the floor repealing and reenacting Section 14-7 of the Town Code and adopting a Schedule of Fees. The President of the Council asked if there were any questions.

Mr. Ford discussed a type regarding the Forest Conservation Plan Review. The Town Engineer stated that it is a typo.

Mr. Ford made a motion to approve Resolution No. 5678, seconded by Mr. Reed and carried unanimously following a roll call vote.

The President of the Council brought 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" to the floor.

The President of the Council asked for any questions.

Mr. Jensen asked why this Ordinance needs to be separate. The Town Engineer stated that the language refers to the licenses being renewable annually which does not agree with the fee schedule so in order to make other adjustments, it can be done by a resolution without having to do this again.

Mr. Ford made a motion to approve Ordinance No. 444, seconded by Mr. Reed and carried unanimously following a roll call vote.

At 7:15 P.M., the President of the Council opened the Public Hearing to consider the fiscal year 2002 – 2003 Budget.

Mayor Butler discussed the mission of the Town of Easton. He stated that it is the mission of the Town of Easton to provide high quality municipal services at a reasonable cost. He presented an overview of the proposed budget for the upcoming fiscal year. He stated that the real estate tax rate is $.44 per $100 of assessable valuation. Mayor Butler stated that there will be a 2% discount on taxes paid before July 31 and 1% paid before August 31. He stated that parking tax will be eliminated in the upcoming year. He stated that the total budget is $10,017.212. Mayor Butler discussed the departmental requests and the appropriated funds. He stated that this was the hardest budget to finalize it his past six years. Mayor Butler asked for the Council’s favorable vote on this 2002-2003 budget. Mayor Butler thanked the Town Clerk, Robert Karge for his help in preparing this balanced budget.

The President of the Council asked for questions.

Ms. Ruth Meyer Donnelly, Waylands, asked if the hardware for the banners was included in the budget as they are being destroyed. Mayor Butler stated that the Town Engineer will work on finding hardware to keep the banners from flapping.

Mr. Heinmuller, 205 Hanson Street, asked what the Interfund Transfers were in the budget.

Mayor Butler stated that it is the transfer to debt service which is $372,000, transfer to the capital $1,432,000, transfer to land enterprise $40,000.

Mr. Heinmuller asked what some of the highlights of the Capital Expenditures are.

The Town Engineer stated that there is $100,000 for the replacement of a garbage truck, $70,000 for a snowplow box spreader, $95,000 for street work, the expansion of the Rails-to-Trails and infrastructure improvements.

The Chief of Police stated that a large portion of their expenditures is the replacement of two cruisers, renovation of the Police Department, computer software and the replacement of radios.

The Town Clerk stated that there is also $200 in the budget for a tape recorder to make copies of these tapes. He stated that there is heavy investment in all the departments to renovate and update the computer technology. The Town Clerk discussed park renovations and purchases.

Mr. Heinmuller congratulated the Mayor and Town Clerk for bringing in a budget close to last years which is fiscally responsible.

There being no further questions, at 7:35 P.M., the President of the Council closed the Budget Public Hearing.

The President of the Council brought the Mayor’s memo to the floor recommending approval of his appointments to the Economic Development Advisory Board. He stated that his appointments were tabled from the last meeting. The President of the Council asked for questions.

Ms. Jackson-Amis questioned if there were a term limit for the members. She asked if the context of the vote could include the idea of staggered term limits.

Mayor Butler stated that the committee would probably accept this amendment.

Mr. Ford asked why we do not let the committee members meet and make a recommendation that would answer the concerns.

Mr. Ford made a motion to approve the appointments of Mr. William Neary, Ms. Barbara Barrowcliff, Mr. Durrie Hayes, Mr. Ed Miller, Ms. Ellen General, Mr. Steve Moore, Mr. Steve Mangassarian, Mr. Mike Menzies, Ms. Joan Banks and Mr. Robert Willey, to the Economic Development Advisory Board and ask that the Economic Development Advisory Board as their first order of business, give the Town Council a recommendation that would provide a means for the members of that board to rotate off and get other volunteers an opportunity to serve, seconded by Ms. Jackson-Amis and carried unanimously.

The President of the Council brought Resolution No. 5770 to the floor authorizing the Town Clerk to make budget transfers necessary for the purchase of the incoming telephone call recorder at the Easton Police Department. The President of the Council asked for any questions.

Chief Harvey discussed the machine necessary to monitor the telephone lines to identify calls and have the ability to investigate discrepancies.

Mr. Ford made a motion to approve Resolution No. 5770 seconded by Mr. Jensen and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5771 to the floor authorizing the attendance and reimbursement of funds for the Maryland Municipal League Convention in June. He asked for any questions. There were none.

Mr. Jensen made a motion to approve Resolution No. 5771, seconded by Mr. Ford and carried unanimously following a roll call vote.

At 7:45 P.M., the President of the Council opened the Public Hearing on the petition of UP Associates, a Maryland General Partnership ("the petitioner") for Resolution 5765 which annexes 23.048 acres lying contiguous to the existing boundaries of the Town of Easton.

The Town Planner distributed a letter with the Planning and Zoning Commission’s recommendation. Mr. Hamilton discussed the location proposed for annexation and the current town boundary. The Town Planner stated that the applicant’s purpose for annexation as stated to the Planning and Zoning Commission was to gain accessibility to the Town’s sewer system so they can build a new facility for the used car sales and get rid of the temporary trailer. Mr. Hamilton stated that the Planning and Zoning Commission had suggested that the applicant go back and do some design work for an enhanced site to bring the property into compliance with the Town of Easton’s sign and landscape regulations. He stated that the Planning Commission forwarded a positive recommendation on the annexation and recommends that this be conditioned on the applicant bringing the building, the signage and the landscaping into compliance with the current site plan zoning restrictions for that property. He stated that the Planning Commission felt strongly that this is an opportunity that the Town has to improve the north entrance into the Town and give the applicant what they want as well. Mr. Hamilton stated that the Planning Commission voted unanimously to support this application.

Mr. Jensen asked what is going on with the long corridor on Route 50 and why this would be recommended for annexation.

The Town Planner stated that Maryland State Law states that the annexation has to be contiguous to the town.

Mr. Ford asked if through this process, the portion of Black Dog Alley considered would have to be improved to Town of Easton’s standards.

The Town Planner stated that in regards to the right-of-way jurisdictions, it is the state’s on one, the Federal Government on one and the county on one.

Mr. Jensen questioned what if the West Kennedy Street annexation is not passed and never comes into town. The Town Planner stated that legally, it will still conform but it will be awkward if it does not come into town.

The Town Planner stated that the Planning Commission recommended that the Council grant the General Commercial zoning because that is the zoning necessary for the automobile dealerships.

Mr. Bruce Armistead, the applicant’s attorney, stated that he is here representing UP Associates, a Maryland General Partnership. Mr. Armistead introduced Mr. Bill Stagg and Mr. George Hatcher, a partner with UP Associates and an officer of Norris Ford, a dealership that operates on the property discussed this evening. Mr. Armistead stated that this annexation request consists of 23 acres. He stated that the Norris Ford property consists of a four-acre parcel on the north side of Black Dog Alley and a two-acre parcel on the south side. Mr. Armistead stated that this is not a development proposal but an existing business in the town. He stated that this proposal is due to the applicant’s needs to address septic issues, on the existing dealer’s site and the used car site.

Mr. George Hatcher discussed the growth of the dealership. He stated that they were previously running their new and used operations out of the same building. Mr. Hatcher stated that their business has grown by 40% so they need to have separate operations to properly take care of their customers. He stated that their septic system is at its maximum. Mr. Hatcher stated that they are requesting this annexation, as this is the only course that will allow what their business plan asks for. Mr. Hatcher discussed renovations and improvements to the dealership and property. He stated they will improve what already exists. He stated that they have about 50 employees and are good corporate citizens. Mr. Hatcher asked the Council’s consideration for annexation.

Mr. Armistead asked for any questions.

Mr. Bill Stagg discussed improvements planned for the project. He stated that Mr. Hatcher had approached them regarding improvements they were contemplating about a year and a half ago and was advised to wait to comply with town regulations. He discussed the preliminary site plan concepts and the proposed landscape and design standards. Mr. Stagg discussed temporary force main sewer service.

The President of the Council asked for any questions.

Mr. Jensen questioned how the new building will comport with the new building in terms of architecture and design.

Mr. Stagg stated that the new building will be nicer looking with compatible colors and landscaping.

Ms. Jackson-Amis discussed budget provisions for the annexation.

The Town Attorney stated that the Easton Volunteer Fire Department responds to that area already. The Town Attorney stated that the Town Clerk, Mr. Karge, has estimated that the property upon annexation into the town will generate through the real estate tax and personal property tax approximately $8,700 per year in revenue under our current tax rates.

Ms. Jackson-Amis asked Chief Harvey if the Police Department responds to that area. Chief Harvey stated that they respond to Route 50 out to the Airport.

Mr. Stagg stated that the sewer impact of this facility when totally online will equal equivalent to six to seven house units.

The President of the Council asked for clarification on the where annexation encompasses.

Mr. Jensen asked at what point does the Town stop. The Town Attorney stated that some of those entities to the east or southeast may request annexation that are located on the periphery of the existing town boundaries.

Mr. Ford stated that this is developed land, not annexing open ground and an important distinction.

The Town Planner stated that the Comprehensive Plan that the Town of Easton is operating under includes a boundary which is close to the County’s comprehensive growth area so our maps, with the limitations of the existing maps that our current Comprehensive Plan is shown on, does not show the Norris Ford property. He stated that the new Comprehensive Plan will address that issue. He stated that it will be discussed how far the town will want to go. He stated that the present one does not include this area only because of the limitation of the map.

Mr. Armistead stated that the used car facility is operating under a temporary permit, which is about to expire. He stated that without that permit, that site would be unusable which would drastically effect the business operations of this business. He stated that this property is currently zoned commercial in the county and the zoning request from the town is equivalent. Mr. Armistead stated that the Talbot County Planning Commission has reviewed this request and was unanimously approved for recommendation to annex this parcel.

The President of the Council asked for any other questions. There were none.

At 8:12 P.M., the President of the Council closed the Public Hearing on the annexation request of UP Associates. The President of the Council stated that the public record would remain open until the close of business on Friday afternoon.

The President of the Council introduced Resolution No. 5765, "A RESOLUTION TO ANNEX CERTAIN LANDS OWNED BY UP ASSOCIATES, TALBOT COUNTY AND THE STATE OF MARYLAND (STATE HIGHWAY ADMINISTRATION) TO THE TOWN OF EASTON LOCATED ON THE EAST SIDE OF U.S. ROUTE 50 AT THE VICINITY OF STATE ROUTE 309 AND BLACK DOG ALLEY CONSISTING OF 23.084 ACRES MORE OR LESS AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE ANNEXATION."

The President of the Council introduced Ordinance No. 442, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF EASTON TO APPLY AN ORIGINAL ZONING CLASSIFICATION OF CG (GENERAL COMMERCIAL TO TWO PARCELS OF LAND ANNEXED TO THE TOWN OF EASTON LOCATED ON THE EAST SIDE OF U.S. ROUTE 50 AT THE VICINITY OF STATE ROUTE 309 AND BLACK DOG ALLEY AND OWNED BY UP ASSOCIATES."

The President of the Council brought invoices to the floor totaling $548,984.81 for approval for payment.

Mr. Jensen made a motion to approve invoices for payment, seconded by Mr. Ford and carried unanimously.

Mayor Butler discussed his recent trip to Florida to inspect the new pumper truck for Easton Volunteer Fire Department. He stated that it will be in service in approximately a month and will be a great piece of equipment to serve the town and surrounding communities.

Chief Harvey stated that the State of Maryland has allowed the issuance of ground sparkling devices.

Chief Harvey discussed the outside concert series, which will take place June 22, June 29, July 13, August 3 and August 10. He stated that Ms. General, Executive Director, Avalon Theater is asking for street closings and has sent a letter to the local businesses with no response. He stated that Lions Club will act as volunteers to set out street closing cones. Chief Harvey recommended approval.

The President of the Council asked if it is necessary to close the whole block. Chief Harvey stated that due to the numbers of groups, it is necessary.

Ms. Jackson-Amis asked how much notice the merchants have been given.

Chief Harvey stated that they have a letter from the Avalon dated May 2002 to the downtown merchants explaining what they are doing.

Chief Harvey discussed the permit for the Farmer’s Market and a Block Party for Jesus. He stated that they have a request for Embracing Fatherhood 2002, a Father’s Day Celebration for Saturday, June 15 from 1:00 P.M. to 7:00 P.M. at Moton Park pavilion. He stated that they are holding that permit to make contact to confirm they have permission from the Parks and Recreation Department to use the facility.

Ms. Jackson-Amis expressed her appreciation for Officer Trams and Officer Jones in the general area of Port and West.

The Town Engineer discussed the garbage collection schedule for Memorial Day.

The Town Engineer stated that the Public Works Department had sent assistance to La Plata after their recent tornado.

The Town Engineer discussed the progress on Dutchman’s Lane in the vicinity of the Genesis Eldercare. He stated that he has been successful in contacting the State Highway Department regarding the reconfiguration of some of the lanes on Dutchman’s Lane in the eastbound direction. He stated that the Town can make most of those changes. He stated that he will work with the manager at Genesis Eldercare to address some of her concerns.

The President of the Council asked if there was a timetable for the Dutchman’s Lane out to Easton Club East. The Town Engineer stated that it will be discussed in the near future.

Mr. Jensen questioned the Town Engineer regarding the crosswalk signs. Mr. Glass stated that they are out of the signs but they plan to make some changes to make them a little more durable.

Discussion was held regarding the stormwater pond in Matthewstown. The Town Engineer discussed the alternative and stated there will be no pond.

The Town Attorney reminded the Council about the West Kennedy Street meeting with the residents concerning that annexation proposal.

The Town Attorney requested authorization for the Easton Utilities to proceed with an appeal from the decision by the Maryland Public Service Commission regarding the petition to adjust the boundary between Easton Utilities and Choptank Electric Coop with regard to the area to the east of town in the vicinity of Easton Club East.

Mr. Jensen made a motion to authorize the appeal process, seconded by Mr. Ford and carried unanimously.

Mr. Al Bond, Executive Director Manager, stated that he is currently working on a calendar of events that includes all the various groups that work downtown. He discussed the Avalon’s efforts for the summer and stated that he has spoken with the merchants and they are aware of the upcoming activities. Mr. Bond stated that some of these events generate 500 to 700 people in the downtown area. He stated that he is working to make the events a little more multi-faceted.

Mr. Jensen thanked the Town Engineer for his help regarding the pond in the Matthewstown area.

Mr. Jensen asked for the Council’s consensus to write a letter to a group at Salisbury University, PACE, asking them to help with a park study. He stated that the President of the Council and himself have spoken with residents at Chapel Farms and the Park Board and asked the Council for permission to draft a letter.

It was the Council’s consensus to write a letter to see what services PACE could provide.

Ms. Jackson-Amis brought to the Council’s attention, a young lady whom graduated valedictorian from Easton High School. She stated that she was privileged to join her and her parents at UMES where she graduated Summa cum Laude in the honors program. She stated that she will be teaching special education in Talbot County.

Ms. Jackson-Amis asked what the procedure is if there are concerns with the budget.

The President of the Council stated that the budget has not been finalized. He stated that the final vote will not be taken for at least two more weeks. Mr. Willey asked that requests be directed to the Mayor as soon as possible.

Ms. Jackson-Amis said that she attended the affordable housing roundtable on April 30. She stated that there was a group of concerned citizens in this community who talked about the lack of housing for a number of people in this community, middle income as well as lower income. Ms. Jackson-Amis stated that there is housing stock being taken off the market that could be available for lower income opportunities. She encouraged those with homes, even in disrepair, to let the town or herself know before being taken off the market or torn down. She asked the community to think a little about what is needed in the town. She asked that opportunities be made available to the community at large.

The President of the Council wished Mr. Reed and Mr. Jensen’s wives speedy recovery.

There being no further business, Mr. Jensen made a motion to adjourn seconded by Ms. Jackson-Amis and carried unanimously.

At 8:32 p.m., the President of the Council adjourned the regularly scheduled meeting.

Town Clerk