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July 23, 2021

The Talbot Spy

The nonprofit e-newspaper for the Talbot County Community

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COVID-19 Case Rates Up in Talbot

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COVID-19 case rates in Talbot County rose significantly last week.

The county recorded 11 new cases in the last seven days, triple the average of 3.3 cases in each of the previous three weeks, according to the county’s COVID-19 Facebook page.

Most new cases, hospitalizations, and deaths nationwide and in Maryland have been among the unvaccinated.

Talbot County noted that residents 18 and older make up 82% of the county’s population; 73.9% have gotten at least one dose, 69.7% are fully vaccinated.

The youngest, under age 12, are 12% of the population and ineligible for vaccination.

Those 12 to 17 years old are 6% of the population; 41.7% have received one dose, and 34.7% are fully vaccinated.

The delta variant of COVID-19 also is a factor in rising case rates. The variant is about twice as contagious as the initial COVID-19 strain.

Vaccinations

The Talbot County Health Department is holding COVID-19 vaccine clinics from 12 to 6 p.m. Wednesdays and Fridays at the health department at 100 S. Hanson St. in Easton. Walk-ins are welcome. Call 410-819-5641 for assistance.

Easton Airport Issues Statement on Air Traffic Safety after Two Accidents

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Easton Airport management wants to reassure residents that the skies above Talbot County remain safe, despite recently experiencing the rare coincidence of having two aircraft accidents occur locally within a month of each other.

According to the Bureau of Transportation Statistics (www.bts.gov) approximately 1,200 general aviation accidents occur annually nationwide. That rate is far lower than automobile travel and is a statistic that covers a wide-variety of issues.

“The United States operates the busiest and safest airspace system in the world,” Easton Airport Manager Micah Risher said. “I have been in the aviation industry since 1993, and, over the course of my career, between the technological advances and modernization of the system, it’s become even safer to fly.”

The most recent incident in Talbot County occurred on July 16, 2021 when a small twin-engine aircraft made an emergency landing in a field near Enniskillen Road, just south of the Tred Avon River. The flight originated at Lee airport in Annapolis and the plane was operated by the Navy Annapolis Flight Center.

The July 16 aircraft incident was not related to the accident that occurred on Technology Drive in Easton on June 24, 2021. Pilots involved were from different flight schools, and the flights originated from different airports.

Initial reports suggests that the aircraft suffered engine failure in both cases. Investigations are still being conducted by the Federal Aviation Administration and National Transportation Safety Board to determine the specific causes of each accident.

Easton Airport has a network of trained personnel who work closely with pilots, ground teams, and the various government agencies to maintain the highest safety standards. Flight patterns and procedures at Easton Airport adhere to all federal and state regulations.

Easton Airport’s Air Traffic Control Tower is staffed daily with professional controllers. They oversee the flight operations to ensure aircraft arrive and depart safely, and in an orderly and efficient manner. Radar is used to track aircraft, observe altitudes, and provide landing sequencing information.

Pilots must train and practice loss of engine procedures. They have protocols they follow to work through the issue and attempt to land the aircraft while minimizing potential negative impacts.

Airport staff ensure that Easton Airport’s ground infrastructure and navigational aids are maintained at the highest level of care and readiness. The entire airport community works together to ensure the safety of the operation.

“You can never mitigate all of the risk out of the operation, but I want to ensure the community that safety is the highest priority for all operations at Easton Airport,” Risher said.

K-9 Max Will Return to Service in St. Michaels

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The St. Michaels Commissioners unanimously agreed Wednesday night to bring K-9 Max out of retirement after residents raised money to fund his continued service.

During the July 14 discussion, St. Michaels Police Chief Anthony Smith touted the benefits of having a narcotics dog and noted Max would likely be able to serve another three years before retiring due to age.

However, Smith noted that Max would be retired sooner if the state legalizes marijuana.

Narcotics dogs trained on marijuana in addition to other narcotics do not differentiate between those drugs. If marijuana is legalized in Maryland, police agencies will need to retire dogs that have been trained to alert on marijuana.

The chief and commissioners agreed that miscommunication had led to the decision to retire Max, with Smith saying he wold “take the heat for that” for not elaborating on the need to keep Max in service during budget deliberations.

“I think that this was a bit more of the discussion that everybody deserved to have” during the town’s budget meetings, Commissioner Jaime Windon said Wednesday night.

“I want to personally apologize to you, chief. Because when I agreed to retire Max, I was convinced and assured that this had the full support of the police department,” Windon said. “It’s clear, it’s abundantly clear tonight, that that’s not the case. I think it would have been a different discussion…. I just hope that that’s clear to everyone who has been confused or disturbed or feels that we have somehow failed the community by what seems to be thought of (as) a rash decision but I can assure you, from this seat it was never a rash decision.”

“I’ll bear sort of responsibility in that because I remember one session, (Commissioner) Tad (DuPont) asked me about what I thought about the dog,” Smith said.

He recalled that his reply was that Max was a deterrent. “I didn’t elaborate like I did tonight and probably going back, looking back, I probably should have.”

Paulette Florio, who presented the offer of donated funds to pay for Max on July 7,  thanked the commissioners for bringing the dog out of retirement.

“I can guarantee you that we have the money,” Florio said Wednesday night after DuPont wondered if the offer still stood. “I am keeping the donors anonymous and the money will be at the police department by the weekend.”

Smith had noted that the St. Michaels Police Department already had a framework in place to accept donations through its SMYLE program (St. Michaels Youth and Law Enforcement) and said residents previously had donated funds to help pay for food for Max.

St. Michaels Names Interim Town Manager

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Jeff Rhodes, who retired June 1 after nearly 10 years as city administrator for Cumberland, has been named as interim town manager for St. Michaels.

Town commissioners selected Rhodes by unanimous vote after candidates were interviewed, according to a July 9 town press release. (The St. Michaels Commissioners met in closed sessions on July 7 and July 9.)

Rhodes is set to begin work on Monday, July 26, according to the town.

Commission President Michael Bibb said Wednesday night that Rhodes is expected to serve as interim manager for 3-4 months. He will help write a new job description for the position and assist with a nationwide search for a new town manager.

The town commissioners had voted 4-1 in a June 24 closed session to dismiss longtime Town Manager Jean Weisman.

In a June 30 statement, Weisman’s attorney said she was told that the “(c)ommissioners had decided to go in a different direction and her 37 years of employment with the town, the last 10 as (t)own (m)anager, was at an end.”

Residents questioned how much Rhodes would be paid and asked for clarification on the new direction for St. Michaels.

“How much this is going to cost the town?” Paulette Florio asked. “(Commissioner) Tad (DuPont) since I know you’re very, very concerned about our budget, can you give us an idea of what this is costing the town to hire this gentleman?”

DuPont, elected by his fellow commissioners as treasurer, said, “I don’t think we’ve really determined that. I mean he’s given us an hourly figure. I’ll let you know as soon as I can give you an honest answer.”

“So he’s accepted a position, but he doesn’t know what he’s going to be paid yet?” Kristen Greenaway, president of the Chesapeake Bay Maritime Museum, asked.

Bibb explained that a contract had not been signed yet.

“He has given us a hourly rate, and some of his other things that he wanted with it,” he said. “So, we can officially … give you that information once a contract is signed, which will be hopefully sometime this week.”

Greenaway also asked if the public would be allowed to have some input on the job description for town manager. Commissioner David Breimhurst, participating remotely, said that was “not a bad idea.”

“Well, in that case it would be very useful if we knew the new direction because we would obviously need a new town manager that would fully comprehend the new direction,” Greenaway said.

Earlier during the July 14 meeting, DuPont expressed his thoughts on change, noting the COVID-10 pandemic, the effects of tourism, and financial concerns.

“There has to be a balance between the businesses and what they view as their expectations and the rights of the residents,” DuPont said. “I know a lot of people have asked me, … that is part of what I think direction and change is going to have to be about.”

Greenaway and others said the commissioners needed to be more specific.

“I would like to address the commissioners and when they may be able to share a more definitive direction than what they have given just now, that they do intend following,” she said. “I ask as CBMM is currently in the middle of its … master plan, actively planning for a new strategic plan starting 2023 and a vision 2028 initiative.

“We have plans, we have plans, involving a great deal of capital and personnel investment. We’re currently 79 full time staff,” Greenaway said. “And we really need to know if the commissioners’ direction will impact positively or negatively … on our direction and I suspect that many St. Michaels businesses and residents would also like to pose the same question.”

Kim Hannon, president of the St. Michaels Business Association, said numerous business owners had voiced concerns to her.

“St. Michaels has been a tourist town, and has been that for as far as I know for at least 40 to 50 years…. Most of the residents know when they buy a house in St. Michaels, especially in town, that it is a tourist town. They shouldn’t be surprised about that….

“The businesses want to know what’s … going on and what the plans are,” Hannon said. “So if we can have more clear thoughts of that and descriptions of what is going to be taking place…. We have to think of the future … so we’d really appreciate that.”

Near the end of the meeting, Florio thanked Weisman, who was on the Zoom meeting, for her service through difficult times.

“I mostly want to say that the communication I’ve had with more than over 200 people of our community are sorry and offended that you were let go so abruptly without any explanation. We may never know,” she said. “I charged the commissioners with having an explanation because anybody who’s fired from a job that they’ve dedicated themselves to for 37 years really deserves an explanation. We as your community, who supports you, would love to know — ourselves — because we feel a great loss.

“We think you’ve done a fabulous job through this pandemic. You survived the illness of your husband keeping a caregiving operation going at home while you survived your own cancer,” Florio said. “You kept the town going (through) this incredible pandemic, and we’ve floated through just beautifully and I thank you for that on behalf of the entire town. And I do hope that at some point, our voted-in commissioners, who … really promised us transparency, will share with us their particular reason for letting you go. So thank you from the hearts of all of us.”

Residents Raise Funds for Return of K-9 Max, Leading to Questions About Why St. Michaels Police Dog was Retired

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Although he retired June 30, the issue of St. Michaels Police Department K-9 Max is on the agenda for tonight’s town meeting after residents collected donations to fund his continued service and questions were raised about why the dog was retired.

Max retired June 30 — the end of the town’s fiscal year — and was going spend his retirement with his handler, Cpl. Jason Adams, and his family.

In a July 1 Facebook post, the police department said Max had conducted more than 240 narcotics scans, leading to more than 120 arrests, since joining the force in March 2015. Many of those scans and arrests occurred while assisting other law enforcement agencies in Talbot County.

During public comments before a July 7 closed session, Paulette Florio said funds had been donated to pay for Max to return to service as a police dog.

“I just have some good news that I wanted to present to the commission,” Florio said. “And it has to do with the retired canine officer. Apparently it was a budget cut from what I understood from my investigation of the matter.

“And the town came together and we have a group of citizens who want the dog back and have the money to bring him back in full,” she said. “So we just don’t know where to send the money.

“So congratulations, you still have a canine officer to do his job. And he’s apparently good for another three years in canine officer world,” Florio said. (According to the National Police Dog Foundation, police dogs normally retire “around 10 years of age,” depending on health.)

“So where can we send the money? And how do we get him back?” Florio asked July 7.

Commission President Michael Bibb said the commissioners would have to discuss the proposal, but said “(t)he dog was not retired due to budget cuts.”

Bibb’s comment prompted St. Michaels Police Chief Anthony Smith to respond, with Smith saying Florio likely got some of her information from him “because I was led to believe that to some degree.”

The chief said Bibb, in fact, had been the one to tell him that Max would be retired and that one reason for the dog’s retirement “was because it was part of an agreement with the salary increase that we were going to get as police officers.

“So once I learned that information, to me, it became a budget issue,” he said. “And that’s what you informed me in my office about two weeks ago.

“So to me, if if it’s getting around that it’s a budget issue, that’s the impression that I got when you when you informed me that one of the reasons why we got a pay raise or (were) going to get a pay raise, (was) because Max is going to be retired,” Smith said.

The chief said he was opposed to retiring the K-9, but it was ultimately the decision of the town commissioners.

“We had a discussion in several of the meetings and I voiced my opinion that I wanted to keep the canine,” he said. “I think at one meeting, Commissioner DuPont … asked me what my thoughts was on Officer Max and I said he’s a good deterrent. And absolutely he is a deterrent.”

“Now, if the commissioners as a body want to get rid of the canine, that’s fine,” Smith said. “But certainly there should be a process where it should have went through the chief … because I was dead set against it from the very beginning.”

Commissioner David Breimhurst thanked the chief for his comments and the private citizens for offering the funds and asked that the issue be added to the agenda for the July 14 meeting.

Smith said a decision would need to be made soon because Max is required to have a certain amount of training each year.

“I know that’s an issue. I know it’s expensive. And I know that’s an issue with part of wanting to retire him but he’s got to get back and train, he said. “He can’t miss too much training. So thank you very much if you’re going to give us some consideration, but we do not want to go too much past July 14.”

Resident asks four commissioners to resign

Town resident John Garland, speaking before the July 7 closed session, asked for the immediate resignations of Commissioners Bibb, Breimhurst, DuPont, and Harrod.

“Last year, commissioners Bibb, DuPont, Breimhurst, and Harrod, who were collectively supported by St. Michaels Action Committee, known as SMAC, campaigned against two commissioners running for reelection by making unfounded claims,” Garland said. “They defeated those two commissioners by peddling lies and fear.

“Now it seems these same four commissioners did not follow Maryland’s open meeting laws in order to fire long term town manager,” he said. “Regardless of the closed meeting topic, the simple fact that four of our five commissioners sought to disregard open meetings laws is by far their worst behavior to date, in my opinion, and stands in direct irony to their campaign promises.

Garland did not specify how the commissioners may have violated the Maryland Open Meetings Act in connection with the June 24 closed session in which they voted 4-1 to dismiss longtime Town Manager Jean Weisman.

“Accountability is a two-way street,” Garland said July 7. “These four commissioners have broken their trust obligation with residents. And this doesn’t even include their other behaviors such as micromanaging town staff, effectively grinding down operations to a crawl and engaging in day-to-day town management activities which is not a function of their role as commissioners.

“As a town resident, I formally request the immediate resignations of Commissioners Bibb, DuPont, Breimhurst, and Harrod for legal negligence, dereliction of duty, and loss of public trust. I also request the proper process be followed to fill their seats.”

Following the public comments, the town commissioners voted 4-1 to go into closed session July 7 to discuss personnel matters. Commission Vice President Jaime Windon voted against the closed session, saying, “I’m not comfortable without a town attorney here today and I requested that.”

July 9 closed session discussed temporary town manager

The commissioners held a second closed session last week on Friday, July 9, and noted there would be no public comment before that closed session.

Bibb, Breimhurst, and DuPont voted July 9 in favor of a closed session for personnel matters. According to an audio recording of that vote, Windon apparently was attending remotely and her vote on closing the meeting could not be heard by her fellow commissioners and town staff. Harrod apparently was absent.

The written closing statement for the July 9 meeting identifies the reason for the closed session as “temporary town manager” and indicates that four commissioners voted to close the session (it appears the number 3 has been written over as the number 4) and one commissioner was absent.

SM070921closingstatement

The written closing statement for the July 7 meeting identifies the reason for the closed session as “temporary employment and attorney retainment.”

SM070721closingstatement

The town commissioners meet at 6 p.m. tonight for a regular monthly work session. The public may attend using Zoom.

To join the meeting by computer or smart phone, click this link: https://us02web.zoom.us/j/3264261778. The meeting ID is 326 426 1778. To join by phone with audio only, call 1-301-715-8592 and enter meeting ID 326 426 1778.

Public Comment Invited for Trappe Wastewater Permit

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Maryland regulators are taking public comment again on plans to handle wastewater from a massive new development on the state’s Eastern Shore by spraying it on farm fields.

The Maryland Department of the Environment had issued a wastewater permit in December 2020 for Lakeside, a proposed community of 2,501 homes and apartments plus a shopping center in the small Talbot County town of Trappe. But a judge ordered the department to give the public another opportunity to comment on the permit because of changes made in it before being issued.

The proposed permit allows the developer to eventually spray an average of 540,000 gallons of wastewater daily on grassy fields. It must be treated using enhanced nutrient removal to lower the levels of nitrogen and phosphorus. A lagoon is also required to store wastewater for up to 75 days during winter and when it’s raining or too windy to spray.

Neighboring residents and environmental groups questioned the MDE’s assurances that the nutrients and other contaminants in the wastewater would be soaked up by the grass in the fields. They fear it could seep or run off into nearby Miles Creek, a tributary of the Choptank River.

The MDE is taking comments until July 26. It also plans to hold a public hearing, but a date had not been set.

Written comments should be mailed to the Maryland Department of the Environment, Water and Science Administration, 1800 Washington Blvd., Baltimore, MD 21230-1708, Attn.: Mary Dela Onyemaechi, Chief, Groundwater Discharge Permits Division.

For more information and to check on the hearing, visit mde.maryland.gov/programs/Water/wwp/Pages/19DP3460.aspx.

By Timothy B. Wheeler

Hearing Tonight on Easton Draft Zoning Code

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The Easton Planning and Zoning Commission recently completed a comprehensive examination and revision to the town’s zoning code.

The Easton Town Council will have a public hearing on the draft zoning code at 5:35 p.m. Tuesday, July 6, in the council meeting room at 14 S. Harrison St. in Easton.

The planning commission has highlighted the following as “the most significant proposed changes” in the proposed zoning code:

1. A revised Planned Unit Development (PUD) Chapter. Currently there is one process and set of standards/criteria for any proposed PUD, regardless of type or context of the development proposal. The new DRAFT Code proposes to distinguish three types of PUDs, with standards unique to each development scenario. The three PUD subtypes are PUD – General, PUD – Infill, and PUD – Redevelopment. The intent of this change is to move away from a “one size fits all” PUD for any development type to three slightly different types corresponding to specific development scenarios, with corresponding review processes and development standards believed to be more appropriate to each scenario. A primary goal of this change is to facilitate more infill and redevelopment projects.

2. A revised Sign Regulations Chapter. In addition to a general reformatting of this chapter, provisions for temporary signs are extensively and significantly revised to comply with a recent Supreme Court ruling and window signs are proposed to be regulated for the first time.

3. The Critical Area Chapter is revised as required by a mandated update of our Critical Area Program. The chapter follows the latest State model for this chapter of our Code with a few local modifications carried forward from the existing Ordinance.

4. A number of measures are proposed to promote the general theme of increasing housing options and opportunities, especially in the general area “in and around Downtown” and with a particular focus on affordable housing options. Such measures include increased density in some contexts/locations, the identification of new housing types (e.g., so-called Middle Housing types including triplexes, fourplexes, cottage courts, mansion apartments, and courtyard buildings), and a simpler review process for certain housing types in certain locations.

5. The rezoning of parcels currently zoned CG (General Commercial) located in relatively close proximity to Downtown from CG to CBD (Central Business District) in recognition that such parcels are more like Downtown in their development characteristics than they are the commercial areas along Route 50, Elliott Road, or Marlboro Avenue, which are also zoned CG.

6. The elimination of the I-1 and I-2 Zoning Districts and the rezoning of any properties zoned as such to either BC (Business Commercial) or I (Industrial). This was done in recognition of the fact that many of the Town’s industrially-zoned areas have transitioned to more of an office/service/light industrial area as opposed to traditional industrial uses. The BC Zoning District was created in part to reflect this land use. The I Zoning District is proposed to reserve lands for the more traditional industrial uses.

 7. A number of proposed changes for Port Street between the Parkway and Washington Street focused on infill and redevelopment consistent with the Port Street Small Area Plan, with the intent to insure that this corridor serves as an important link between the Waterfront and Downtown.

Talbot Officials Ask Court to Dismiss Lawsuit Seeking Removal of Confederate Monument

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Talbot County officials want a federal lawsuit seeking removal of the Confederate monument from the county courthouse grounds dismissed, according to Wednesday court filings.

The Maryland Office of the Public Defender and the Talbot County NAACP filed a lawsuit in May seeking the removal of the monument from the grounds of the Talbot County courthouse lawn in Easton. Plaintiffs and advocates argue that the statue’s presence is racist and unconstitutional.

The plaintiffs say the presence of the monument on the courthouse lawn violates the U.S. Constitution’s 14th amendment, which guarantees due process and equal protection of laws. The lawsuit charges that the monument’s location is “facially discriminatory.”

But in a Wednesday motion to dismiss the case and a memorandum supporting that motion, attorneys for the county argue that the plaintiffs “have failed to state any claim upon which relief may be granted.”

“The Complaint alleges no specific example where any client of either Ms. Petticolas or the OPD was deprived of due process or equal protection due to the presence of the Talbot Boys statue on the Courthouse lawn,” the memorandum reads.

Attorneys for the county argue that the plaintiffs haven’t done enough to prove that the statue’s presence is discriminatory. The memorandum charges that plaintiffs “failed to identify any occasion that, because of the mere presence of the Talbot Boys statue, any Plaintiff or other member of the public was denied access to the Circuit Court or prevented in any way from petitioning the County for redress.”

The county, in the memorandum, also argues that the statue issue is a “political question.”

“The County respectfully submits that the issues raised by the Complaint are inherently local and not ones calling for the intervention of a federal court.

“This is so because the question of when, or where, Confederate symbology transgresses into an area of unlawfulness transcends judicial determination, just as does fashioning manageable judicial standards for resolution.”

The county’s attorneys further argue that the court lacks subject matter jurisdiction in the case.

“The law governing this Complaint establishes Plaintiffs lack standing to bring any of the claims asserted,” the memorandum in support of the county’s motion to dismiss reads. “And, even if standing were not an issue, Plaintiffs have failed to state any claim upon which relief may be granted. For these reasons, the Complaint should be dismissed in its entirety.”

The memorandum also argues that all claims are barred by limitations, noting that the limitations period on all civil claims is, at most, three years:

“The Complaint alleges that Ms. Petticolas has ‘been obliged to pass by’ the statue for fourteen (14) years. The OPD’s alleged injuries are coextensive, at least, with the injuries alleged by Ms. Petticolas.

“Mr. Potter allegedly has been ‘directly involved with removal of the statue since 2015’ and became aware of its meaning when he was first involved with advocating for a statue of Frederick Douglass. The NAACP has been ‘for years’ speaking out against and advocating for removal of the statue, and its injuries must be, at least, coextensive with Mr. Potters.

“There can be no bona fide dispute that if Plaintiffs incurred an actionable injury, a point not conceded, the cause of action accrued when Plaintiffs first observed the statue as an offensive symbol, which, on the face of the Complaint occurred for all Plaintiffs well before the limitations period for Complaint began to run.”

Advocates have been lobbying for removal of the Talbot Boys statue from the courthouse lawn in Easton for years. Talbot County Council members rejected a proposal to move the statue last year, although rallies to remove the monument have continued.

Read the full memorandum here:

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By Bennett Leckrone

John Griep contributed to this article.

St. Michaels Commissioners Issue Statement on Town Manager

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In an emailed statement, the St. Michaels commissioners addressed the dismissal of Town Manager Jean Weisman and thanked her for lengthy service with the town.

“After a lengthy discussion during a closed session on June 24th, a majority of the Commissioners of St. Michaels concluded that the time had come to part ways with Town Manager Jean Weisman.

“We are bound by law to keep the content of that discussion confidential.

“Unfortunately, the nature of her position, and the sensitive, confidential information in her possession and control did not afford us the opportunity to provide prior notice.

“We thank Ms. Weisman for her longtime service to the town and wish her all the best in the future.

“An interim manager with extensive experience will be hired to serve until a permanent replacement is recruited.”

Weisman has worked for the town of St. Michaels for 37 years, the last 10 as town manager.

Longtime St. Michaels Town Manager Let Go After 37 Years Service

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The St. Michaels commissioners voted 4-1 in a June 24 closed session to part ways with Town Manager Jean Weisman, according to her attorney.

In a June 30 statement, attorney Neil S. Hyman wrote on Weisman’s behalf:

Jean Weisman

“On June 24th, following a closed session of the Commissioners, Jean Weisman was informed by the Commissioners, that in a 4-1 vote, the Commissioners had decided to go in a different direction and her 37 years of employment with the town, the last 10 as Town Manager, was at an end.

“At this time, Mrs. Weisman is considering her next steps and exploring her options.

“Mrs. Weisman would like to thank the citizens of the Town for the opportunity to have served them for the past 37 years, and is grateful for all of the kind words and encouragement she has received since last week.”

Hyman’s law firm, according to its website, focuses on employment law.

 

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