COMMISSIONERS OF OXFORD

COMMISSIONERS OF OXFORD Regular Meeting Minutes October 9, 2012 LOCATION Commissioners Meeting was held in the meeting room of the Community Services Building on October 9, 2012. Commission President Graves called the meeting to order at 7:30 pm. PRESENT Attending the meeting were Commission President Gordon Graves, Commissioner Carole Abruzzese, Town Clerk Cheryl Lewis, Police Chief Pat Maxwell, Superintendent Scott DeLude and Attorney Brynja Booth. Commissioner Peter Dunbar was not in attendance. There were approximately ten (10) citizens in attendance, a representative from Talbot County Economic Development and a representative of the Star Democrat. APPROVAL OF MINUTES The minutes of September 25, 2012 meeting were presented. Commissioner Abruzzese made a motion to approve the minutes, Commissioner Graves seconded the motion, all were in favor, motion carried. MAINTENANCE REPORT Superintendent DeLude presented the maintenance report. Delude and Clerk Lewis met with a representative from a manufacturer of decorative crosswalk marking products. They were presented with two options, one of which although appropriate for our use, was not the best option currently as the life of the product far exceeds the expected life of the current paving and would be best to do after a resurfacing. The second option was reasonable at an estimated $2500 with a life expectancy of 3-4 years and is what he recommends we pursue once the sidewalk easements are in place and we are ready to proceed with construction. Leaf pick up will being immediately and weekly through the season. It was necessary to order a replacement check valve for the main sewer lift station at a cost of $700 per valve. We are currently operating on one pump. The part is anticipated to arrive within the week and Public Works will install. Delude order an additional check valve to have on hand to avoid problems in the future. Delude has received three estimates on the replacement of the electric panel for the number two well, ranging from $8000 - $6000 and would like approval to move ahead with the $6000 estimate. Commissioner Abruzzese made a motion to approve, Commissioner Graves seconded the motion, all were in favor, motion carried. POLICE REPORT Chief Maxwell presented the Police Report, which consisted of the following: Calls for service: 12- POLICE INFORMATION 1- DOMESTIC ASSAULT (ARRESTED & JAILED) 3- OPEN DOORS 1- SUSPICIOUS PERSON (ID & MOVED ON) 4- ASSIST THE FIRE DEPARTMENT 1- WARRANT SERVICE (HELD ON $25,000.00 BOND) 1- SUSPICIOUS VEHICLE (ID & MOVED ON) Comments: There was a violent domestic assault. It was alleged that one of the persons had choke the other in front of a minor. The primary aggressor was arrested and held on $25,000 bond. Lt. Thomas received a letter of thanks from the Oxford Library. He had assisted in breaking down the tables after the book sale. OXFORD FIRE COMPANY David Baker presented the Fire Company Report. For the period from September 13 to September 27, 2012, there were 6 fire calls, with 22 man-hours and 23 miles traveled. There were 7 medical calls, with 24 man-hours and 124 miles traveled. The Oxford Ladies Auxiliary held a Rummage Sale on Saturday, September 29 th, 2012 and would like to thank everyone who donated items. The next sale will be in February 2013. They will hold the annual Antiques Show on November 10 th and 11 th, including their Crab Cake lunch. There will be a Fire Co Breakfast on Sunday October 14 th. BID OPENING

Water Main and Street Repair bids were presented for opening by Commissioners. Two had been received today October 9th, Barkers Landing Excavation for $109,310.94, Duvall Bros Inc. for $120,110. Bids were past to Delude for review and recommendation. PUBLIC HEARING ORDINANCE 1211: AN ORDINANCE TO ADOPT THE TALBOT COUNTY ANIMAL CONTROL ORDINANCE, WHICH IS CODIFIED AS CHAPTER 15 OF THE TALBOT COUNTY CODE, AS FURTHER AMENDED BY THIS ORDINANCE, AS THE OXFORD ANIMAL CONTROL ORDINANCE, WHICH SHALL APPLY WITHIN THE TOWN OF OXFORD, AND SHALL BE ENFORCEABLE BY THE TALBOT COUNTY ANIMAL CONTROL OFFICER AND BY ANY DULY AUTHORIZED LAW ENFORCEMENT OFFICER OR OTHER DULY AUTHORIZED OFFICIAL OF TALBOT COUNTY, MARYLAND, OR THE TOWN OF OXFORD AND REPEALING ALL INCONSISTENT ORDINANCES. Commissioner Graves opened the hearing for public comments. Margarite Webster stated that no law for Animal Control, more specifically dogs, would be effective unless it requires the dog be on a leash, especially considering the number of visitors who bring dogs to town and do not understand the need to have the dog leashed. There is no way for visitors to know the town laws unless there are signs posted. The exception that allows for an animal to be under the control of the owner with a leash on hand is exactly the situation that existed when her husband was recently bitten by a large dog in the park. She feels allowing a dog to be off a leash in town parks and beach areas is a serious risk, considering the number of children found in these areas. If a child were to be bitten, what good is a law that does not require a leash? Owners need to take their dogs to designated areas for exercise. She would like a simple and direct law requiring leashes, and posted as such in park and beach areas. Commissioner Abruzzese would like further comments from those in attendance as to recommendations for exercising dogs, as this is a concern for some citizens. Webster expanded on dog exercise training classes and dog parks. Bruce Long stated the only dog park he is aware of is in Annapolis and there other options come with a cost. He too has been bitten by a dog and he does not feel there is any real protection from this happening. Pam Baker stated the town had considered a dog park but it was eventually turned down, although she does not remember the exact reasons. Commissioner Graves stated, due to personal experience with loose he takes this issue seriously. He understands it is a difficult issue, and he felt the ordinance was an attempt to form a compromise. He agreed with Webster that animals have natural instincts that are hard to control. Webster added that with this being her first small dog, she was surprised at the way larger animals rush up to her when she is walking her dog and how her only defense is holding her dog over her head, additionally commenting on a prior dog attack that resulted in the death of the small dog. Commissioner Graves did express that he felt it was understood that the town park on Morris is not an appropriate place for loose dogs. Dick Deerin said he agreed with Webster, although he has owned large dogs which he has taken to exercise at the beach, when he is walking with his grandchildren and he sees someone out with a large dog he is concerned as there is no way to know if that owner has the dog under control. He feels there needs to be designated locations for large dogs for the protection of others. Commissioner Abruzzese asked Clerk Lewis how long the comment period had been open and whether there had been any comments from dog owners against a leash law. Lewis stated that the Ordinance had been presented originally over a month ago with a leash; the compromise of under control was a result of discussions at two previous Commissioners meetings. She stated that she had not heard from any dog owners who had negative concerns with the adoption of a leash law. Chief Maxwell stated the citizens had asked if this law would prevent them from exercising their dogs at the ballpark or at the far ends of the beach. Commissioner Abruzzese stated that it was a situation of either or, the law will either allow a dog to be off a leash or it will mandate all dogs be on a leash. David Baker offered the use of the ballpark or soccer fields. Discussion continued amongst all on the possibility of designated dog areas or dog parks, with pros and cons to the concept, including health issues of transmission of diseases to children when talking about ballparks. Dara Kraitchman expressed her concern regarding the enforcement of this law, stating that owners rarely have control of a dog off a leash and this presented a liability to the town. Lewis stated that, although Oxford Police where the first available enforcers, all Animal Control was performed by Talbot County Humane Society, as they provided both trained enforcement and facilities for all of the County. Commissioner Abruzzese suggested a dog park was not part of the current issue of whether or not to enforce a leash law. Attorney Booth clarified that this ordinance was just an update of the law already on the books adopting Talbot County s Animal Control Ordinance. Lewis added that this Ordinance was the result of a citizen request, after a dog bite, to have a leash law and the issue was still whether or not the citizens wanted

to add the requirement of a leash. Booth stated that like all Ordinances, any Ordinance passed could be amended in the future. Commissioners Abruzzese and Graves added that their initial reactions were that for the most part citizens did use leashes and they had been inclined to have a leash law, but concerns had developed over the need for citizens to exercise their dogs. Commissioner Graves asked if there were any further public comments. Dave Baker expressed his concern that under control was broad and allowed for animals to be a distance from their owners. Webster added that this is a town and unlike rural county property where it is appropriate to allow flexibility, there needs to be a clearly posted law that protects all. Kraitchman said there had been a sign requiring leashes in the town park previously. Nick Parkes added that for the protection of dogs, a leash law is a positive way to avoid dog injuries from running in front of cars, etc. Pam Baker added that no matter what the decision was the local boat yards to be notified so that they can inform their customers. Commissioner Graves closed the public hearing. Commissioner Abruzzese thanked all for attending and presenting their comments. Abruzzese made a motioned to approve Ordinance 1211, after the word either and striking the second half of the sentence in 3(a)Restraint: All animals need to be either secured by a leash and in the custody of a responsible person who is capable of, and does, retain continuous control of the animal; or is in the custody of a responsible person and obedient to that person s orders, with said person having immediate access to a leash. Commissioner Graves seconded the motion, all were in favor, the motion carried. UNFINISHED BUSINESS Commissioner Graves reminded all of the Talbot County FEMA workshop to be held on October 16 th at 7:30 pm in the meeting room, Representatives from the Maryland Department of the Environment (MDE) and Federal Emergency Management Agency (FEMA) will make a presentation and discuss the process and the program changes. Property owners will be able to view a flood map of their property on a computer as well as ask questions and comment on the new Flood Insurance Study and Digital Updated Flood Insurance Rate Maps (DFIRMs). The maps have been posted in the office for several months now. FEMA will be able to pull up individual homeowners maps and the meeting is expected to be interactive. NEW BUSINESS Commission Graves introduced Paige Bethke of Talbot County Economic Development Commission. Bethke stated that she was there to formally request a $3000 contribution from the Town of Oxford towards the preparation of a Strategic Plan for the County, which she felt she had already requested informally in previous workshops, explaining that she was asking for $3000 each from towns and county. Commissioner Abruzzese stated that requiring $3000 from Easton and Oxford did not seem like a fair sharing of cost and what would this study actually provide to the Town of Oxford. Bethke stated that they understand any economic growth would take place within the towns and that some towns have very specific core business, using the boating industry as Oxfords, but that if there was a desire to expand beyond that we needed to get some ideas from an outside sources. She added that any communities that were considering funding from Department of Housing and Community Development are required to put together a Sustainable Community Plan, which includes a Strategic Plan as the base. This work would provide the town with that base, there would be community shareholders session to hear the direction the citizens would like to go in, that information would be compiled with the other communities, and then incorporated within the counties plan. Abruzzese asked if there would then be a section that could be pulled out and used as Oxford s strategic plan. Bethke said there would not be a strategic plan for Oxford, but there would be a SWOT prepared (strength, weakness, opportunity and threats) for Oxford that could be utilized by the town to build on. Commissioner Graves stated that he was concerned that Easton, being the business core for the county, would be getting a bigger bang for their buck based on the sharing and the purpose. Clerk Lewis stated that if this County Plan was not compiled with the ability to remove individual community information, it would not be useful in applying for the previously identified Sustainable Communities Designation, reiterating the concern that the town needs to identify the benefit of approving the unbudgeted funding. She asked could this information not be complied into a plan that also identified individual community information that would provide the towns with something they could work with. Bethke offered to come back with more detail information regarding the RFP that was currently out, although she had been under the impression the town had already approved the process. Commissioners Graves and Abruzzese stated they were not saying the town was not going to support the plan, but as they had not discussed the fund sharing previously, they needed to determine if financial participation would benefit the town. Abruzzese added that she feels more information regarding the anticipated final plan would be helpful in the decision. Bethke will come to the October 23 meeting to provide further information.

Commissioner Graves explained that Maryland Environmental Trust had sent a letter to the Commissioners regarding a proposed easement on two parcels located at Jacks Point, which will be in front of the Maryland Board of Public Works for approval. Attorney Booth stated the property owner would like to place a conservation easement on their property, and is looking for confirmation that the town is agreeable and that it fits with the Comprehensive Plan. Clerk Lewis added the parcels were zoned LDA (limited development), which was appropriate for conservation and that at recent planning meetings this possibility had been acknowledged. Commissioners Graves and Abruzzese agreed the proposed easement was appropriate and welcomed. Commissioner Graves asked Attorney Booth to update the status of the Draft Zoning Ordinance and Zoning Map. Booth stated that the drafts had been presented to the Commissioners several months ago for discussion. Tonight the Commissioners were receiving the adopting ordinances for possible introduction. Booth read the Ordinance adopting the Zoning Map. Ordinance 1212: AN ORDINANCE OF THE TOWN OF OXFORD TO ADOPT A NEW ZONING MAP, INCLUDING CRITICAL AREA LAND USE CLASSIFICATIONS, AND TO REPEAL ALL PRIOR ZONING MAPS IN CONFLICT THEREWITH Booth stated the draft Zoning Map was posted in the Town Office and on the website. The map adds all previously annexed properties that are not reflected on the 1997 map, has several parcel reclassifications from LDA to IDA in specific areas, and proposes to the Critical Areas Commission some expanded buffer management areas, consistent with the previous buffer exemption areas around the perimeter of the town. The Planning Commission had been working on this for numerous months prior to submitting it to the Commissioners this summer. Booth met with Planner Johnston and Clerk Lewis to correct some minor errors in street names and property designations. Booth stated the process involves introduction by the Commissioners, advertising and public hearing at the town level, and if adopted by the Commissioners, the Map will be forwarded to the Critical Areas Commission for their review. The Critical Area components would not take effect until approved by the Critical Areas Commission, which could take up to 6 months. Booth read the second Ordinance for introduction. Ordinance 1212: AN ORDINANCE OF THE TOWN OF OXFORD TO ADOPT A NEW ZONING ORDINANCE, INCLUDING CRITICAL AREA LAND USE CLASSIFICATIONS, AND TO REPEAL ALL PRIOR ZONING ORDINANCES IN CONFLICT THEREWITH Again, the Planning Commission has been working with Planner Johnston to mainly revise this ordinance to adopt the required Critical Areas Provisions. As with the map, this process includes submitting to the Critical Areas Commission for their approval. Booth stated that there had been discussion recently of other revisions that should be considered throughout the zoning and the question of whether these could be addressed after the current process was complete had been asked. These items could be considered in the future and adopted as amendments to this document, allowing the current document to continue through the process and be forwarded to Critical Areas so that we could be consistent with State Law in regards to Critical Areas Provisions. She added that two changes as recommended by Planning Commission Chair David Baker, had been discussed with the Planning Commission at a recent meeting, and were included in this version. Commissioner Abruzzese made a motion to introduce Ordinance 1212 to adopt a new Zoning Map repealing all prior maps in conflict and Ordinance 1213 to adopt a new Zoning Ordinance, which includes updates to the Critical Area provisions to comply with state law and to repeal all previous ordinances in conflict. Commissioner Graves seconded the motion, all were in favor, motion to introduce both was approved. CLERK Clerk Lewis requested approval for funding to replace the Arsenic Media as discussed at the previous Commissioner s meeting and which could be funded from the Water Savings funds set aside for Capital Improvements, as this was a purchase with an estimated 5 year life span, noting that this need had been identified during the budgeting process as a possible expense. Delude has received pricing from manufacturer of $41,200, which is consistent with Delude s original notification. Commissioner Abruzzese made a motion to approve the request of $41,200 from savings, Commissioner Graves seconded the motion, all were in favor, motion carried. COMMISSIONERS COMMENTS Commissioner Abruzzese state she was pleased with the newsletter, as it was a nice combination of town and community needs and the color gave it some pop. She added the newsletter was produced in house by the office staff, reproduced on the office copier and mailed with water bills.

Commissioner Graves stated the town clock should ship this month and the plan is to install it when it arrives and schedule a dedication service hopefully sometime in December. PUBLIC COMMENT David Baker pointed out if the town was going to look at economic development potentials for the town as discussed earlier, we should look towards the Comprehensive Plan for guidance as it was prepared for that purpose. Pam Baker asked how the Strategic Plan created for five different communities could possibly mesh with five different Comprehensive plans. Lewis expanded on her statement that a Strategic Plan is required in order for an individual town to apply to the State for Sustainable Communities Designation, which is now required to apply for many of the State Grants and her concern is that spending funding on a process that will not end with the Town having a Strategic Plan may not be productive. She also questioned the fairness of sharing the cost equally, when in most cases revenues and expenses shared between towns and county are usually based on each community s individual incomes and populations. Being no further comments, Commissioner Abruzzese made a motion to adjourn the meeting, Commissioner Graves seconded the motion, the meeting was adjourned. Respectfully submitted, Cheryl Lewis Town Clerk