January 5, 1998

The Town Council of the Town of Easton met today at 7:00 P.M. The meeting was called to order by the President, Mr. Willey, with the following members present: Mr. Ford, Mr. Mayer, Mrs. Clem and Mr. Heinmuller. Also attending the meeting were the Mayor, Town Engineer Mr. Grunden, Assistant Town Engineer Mr. Lineberry, Chief of Police Col. Chase and the Town Attorney Mr. Kehoe.

The meeting was opened with prayer by Mr. Mayer.

Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, minutes of the December 9 and December 15, 1997 meetings were approved as written.

Resolution No. 5606 which would authorize the Town Clerk to abate and/or refund taxes due totaling $9,494.60 was moved for passage by Mr. Ford, seconded by Mr. Mayer and carried unanimously following a roll call vote.

A memo was received from the Assistant Town Engineer Mr. Lineberry concerning fuel outsourcing. Mr. Lineberry discussed his memo and stated that this is primarily vehicle fuel but not diesel fuel. The recommendation was made that Exxon cards be used for the Police Department and Pep-Up on Easton Point Road would be used for the Public Works Department.

Mr. Mayer stated that he assumed that Exxon was recommended because they are opened 24 hours a day. Mr. Lineberry stated that this is correct and also that the Town could use those cards in any location not restricted entirely to the Town of Easton.

Mrs. Clem questioned whether the difference in cost was given weight but the convenience was factored in. Mr. Lineberry stated that this is correct. Convenience and availability were factored in as well as concerns over Easton Point having only one access. He felt that the $3,000 difference in cost was not worth the inconvenience and the potential access problems. Mr. Heinmuller questioned whether Mr. Lineberry was aware that one Exxon had closed on Washington Street and that the other two are on Route 50. Mr. Lineberry stated that he was aware of that and discussed this further.

The Mayor stated that he regretted having to read a letter. The Mayor read a letter from Col. Chase announcing his retirement effective May 1, 1998 following 38 years and 6 months of service. Col. Chase stated in his letter that he thanked the Town for the opportunity and the support. The Mayor stated that it was with great regret that he felt compelled to read the letter.

The President of the Council expressed his regret of the Colonel=s departure and wished him well in all his future endeavors while retired. The Mayor announced that he will start the process of a Chief of Police search similar to what was done before. Mr. Ford stated that he did not want to begin the year losing a major asset of the Town of Easton. Mr. Mayer wished Col. Chase the best and stated that he was sure the Town would look to the Colonel for advice. Mayor Butler stated that the Colonel had done a great job for the Town of Easton and that some people are not aware of some things he has accomplished. He thanked the Colonel for his service. Mrs. Clem stated that this was a loss for the Town and she wished Col. Chase a lot of happiness. She thanked him for serving the Town of Easton for so long. Mr. Heinmuller echoed the comments and remarked on 38 years in law enforcement as a very great achievement. He stated that Col. Chase had started at the lowest level and had made it to the highest level in the Town of Easton Police Department. He personally thanked Col. Chase and wished him the very best in retirement.

A memo was received from the Assistant Town Planner, Mr. Lynn Thomas regarding the proposed Zoning Ordinance Amendments. The Town Planner stated that he was willing to answer questions. The President of the Council questioned why the Town should wait concerning the Liquor Laws. The Town Attorney advised that it was based upon his recommendation to allow the County to include their action on the Liquor Law revisions. Mrs. Clem stated that she understood that this would be on the agenda for the County within the next couple of weeks.

The President of the Council reminded the Council members that the Law Enforcement Bill of Rights is in the packet. He stated that there is also a memo concerning the Eastern Shore Association Legislative Dinner meeting on January 20 which conflicts with the Town Council meeting. The Mayor suggested sending a representative. The President of the Council stated that the Mayor=s suggestion was fine but there was a Public Hearing scheduled for that night. The Mayor suggested sending Mr. Warfield.

The Town Planner stated that concerning the proposal regarding banners, EBMA had suggested that they be granted the authority to control banners on public right of ways on Harrison Street.

The President of the Council reminded Council members of the invitation from the Chamber of Commerce for their annual dinner on January 23.

Mrs. Clem stated that she was not supportive of banners on public light poles. Mr. Mayer stated that if this is permitted on Harrison Street, it would also have to be permitted on all streets. The Town Planner stated that what the Planning Commission recommended was only for the public right of ways. Mrs. Clem stated that she was still not in favor.

Mr. Heinmuller stated that the Planning Commission knows his feelings that the Council does not have a place deciding what is tasteful and what is not. He discussed problems with the existing flag allowance which he discussed often times not being in compliance. Mr. Heinmuller stated that he thought this should be considered to be allowed for on Washington Street.

Mr. Ford stated that hopefully a by product of this effort would be some clarity in the regulations. He stated that it was a waste of time for the Council to consider each request individually. The President of the Council stated that Mr. Hamilton was getting a preview of the Council=s comments.

The President of the Council opened the Public Hearing at approximately 7:15 P.M. on the request of Cooke=s Hope LLC for an amendment to the zoning classification of 50.4+ acre tract generally located on the north side of Cooke=s Hope Road adjacent to Cooke=s Hope Village. The area is generally zoned R-10A Residential and the request is to change to Planned Unit Development (PUD). The project proposed is for a six unit townhouse development to be named AThe Galloways.@

The President of the Council discussed the rules for the Public Hearing.

The Town Planner discussed the location and the proposed project. He stated that the PUD was not to gain density and that one reason was the desire by the developer to provide for a private road placement and to have less than 10,000 square feet lots. He stated that 75% of the site will be in open space. The Town Planner stated that the project will not be visible from Oxford Road except from on the site. The Town Planner reported that the Planning Commission had looked at this and expressed overwhelming support.

Mr. Bill Stagg, landscape architect on the project representing the owners, was present and displayed a site plan. He discussed the location. He stated that they are proposing sixty townhouse units. Mr. Stagg stated that they would like to introduce different townhouse products; approximately 1,800 to 2,600 square feet and keep with a village product. He discussed mature nature trails, plantings and the streets. Mr. Stagg stated that the units would be clustered in twos, threes, fours and fives.

Mrs. Clem questioned the price range. Mr. Dick Firth the owner, stated that they are hoping for the high 190's to the mid 250's. Mr. Heinmuller questioned whether street lighting was included and discussed problems with lighting in other areas. Mr. Firth stated that they have addressed that with low wattage lighting at the entrances and that this would have the same street lights as they have in other areas Cooke=s Hope.

An unidentified gentlemen questioned whether there would be an Oxford Road entrance. Mr. Stagg stated that it ties in with the existing road. The unidentified gentlemen stated that there will be 200 to 400 people living there and discussed the demands on schools and other requirements. He stated that he lives in Oaklands and objects to the project. Mr. Stagg stated that this is probably a five to eight year project staging and that there will be some traffic increase in growth. Mr. Stagg reported that Oxford Road is maintained by the State Highway and has a lot of excess capacity under their rules.

Mr. Firth discussed the lack of expected impact. He discussed the tax issue and expectations of positive cash flow due to no demands for schools and roads based upon his assessment of the typical customer.

The unidentified man questioned whether there would be an entrance onto Route 322. Mr. Firth stated that was not going to occur.

Mrs. Clem questioned the street width. Mr. Firth stated that it would be the same as the existing streets in the development. Mrs. Clem questioned parking allowance on the roads and expressed concern over emergency equipment being able to pass. Mr. Firth stated that there was more than enough room.

An unidentified woman who was present and with Mr. Firth, stated that there would also be an emergency access from the existing farm road system. Mr. Firth discussed this further.

The unidentified man questioned whether the Town of Easton water and sewer would be placed there. Mr. Firth stated that it was already present.

Mr. Mayer questioned sidewalks. Mr. Firth stated that they are attempting something different. He discussed the trail system behind the units and stated that this would probably be crushed oyster shells.

Mrs. Clem questioned whether the homeowner=s association would monitor that aspect. Mr. Firth stated that they would and that there was one master community. He discussed rights.

Mr. Heinmuller questioned whether the trails were handicapped accessible. Mr. Stagg stated that they were and discussed the nice packing of the oyster shells rendering a very stable material.

The President of the Council thanked everyone for their presentation and opened the floor to the audience for comments requesting the person=s name and address.

There were no comments.

The President of the Council again asked if anyone had comments.

The Mayor questioned the width of the street. Mr. Stagg stated that these would be 26' which is the Town standard. The Mayor expressed concern about emergency vehicles passing on the streets. Mr. Firth again stated that he thought that there was more than enough room. Mr. Stagg discussed the worst case scenario and other accesses available to emergency vehicles.

The President of the Council asked again for audience comments.

Mr. Grove (the unidentified gentlemen previously noted expressing comments) stated that he lived in Oaklands and questioned whether the sign was posted on the property about the zoning. Mr. Firth stated that it was. Mr. Grove questioned how long before the Council would decide. The President of the Council stated that the request for an amendment to the zoning classification would probably be acted on in about two weeks.

There being no further discussion, the President of the Council declared the Public Hearing closed at 7:34 P.M.

Mr. Heinmuller questioned the previous discussion of annexing Oxford Road. Mr. Firth stated that everything on the north side of Cooke=s Hope Road is in the Town limits. He discussed a future annexation which would include additional Cooke=s Hope property. He stated that the petition would probably be forwarded to the Town in the next sixty days and this would accomplish the annexation of the rest of Oxford Road.

Mr. Ford encouraged Mr. Firth to meet with and explain to the neighborhood association in the vicinity if they have concerns. Mr. Firth stated that they have committed to not build along Oxford Road and discussed this further. Mr. Firth stated that they are developing way below the allowable density and keeping with a lot of Open Space.

Mrs. Clem stated that the Public Hearing is over and it might be pro active in helping with the neighborhood association. She discussed the procedure and suggestions for getting the best information for the benefit of Mr. Grove.

Col. Chase discussed a HotSpot meeting on January 8 at 3:00 P.M. He stated that the lease had been drawn by Ms. Ketterman for the Police substation and was given to Mr. Bailey today. He stated that he expected it back tomorrow.

The President of the Council suggested that this matter be approved or disapproved at the next meeting.

Col. Chase stated that it has been great working for the Town of Easton. He stated that he will be happy to help in any way he can in the transition.

The Town Engineer discussed Christmas tree removal which should occur on normal garbage days. He stated that there typically has been a good response. The Town Engineer discussed a minor snow operation on December 27. The Town Engineer reported that the Harrison Street project is well underway. The Town Engineer asked for permission to proceed with the fuel outsourcing.

On the Utilities side, the Town Engineer discussed the Public Service Commission issuing an additional re-structuring order which would defer any action for fifteen months. He discussed activities on the State Task Force as it affects municipal utilities.

Concerning the FERC, the Town Engineer stated that there are many requests to delay implementation of the PJM restructuring and discussed this in detail. The Town Engineer stated that 1998 would be exciting and challenging and stated that Easton is well positioned.

The Town Engineer offered congratulations to Col. Chase on a noteworthy career and stated that he had enjoyed working with the Colonel.

The Town Attorney stated that he has known Col. Chase for a long time and stated that he was a pleasure to work with. He discussed Col. Chase being a talented and dedicated public servant.

At the last meeting, the Council requested an update on the Curfew Ordinance. The Town Attorney stated that he has received information from Capt. Dallas Pope of the Maryland State Police. He has also discussed this with Prince George=s County Attorney. He stated that the report is a mixed bag.

The Town Attorney discussed a decision of the Fourth US Circuit Court concerning US Corps of Engineers jurisdiction on wetlands. The Town Attorney stated that the Court found that the Corps of Engineers exceeded their authority and if this is upheld by the full Fourth Circuit Court, it would have a profound effect. He stated that he will prepare a memo discussing this.

The Town Attorney wished everyone a happy and prosperous New Year.

The President of the Council asked if the auditor=s report had been included in the newspaper story. The Town Clerk stated that he would contact the reporter and cause that to occur.

The President of the Council referred to the Historic District Commission Ordinance which was provided for tonight=s meeting. The Town Attorney stated that this must go before the Planning and Zoning Commission first. Mrs. Clem expressed concern over page four where it states that a majority of the members shall be residents. Mrs. Clem stated that all of the members should be Easton residents and discussed this.

Mr. Heinmuller stated that people who live with a decision should live here 24 hours a day. The Town Planner stated that he would bring up Council=s comments to the Planning Commission.

Ms. Rosemary Garrett discussed how the Historic District Commission would work.

The Town Attorney discussed the General Assembly modifying the law a few years ago and that the General Assembly gave the Towns the authority to have some members outside of the Town limits. The Town Attorney discussed guidelines issued by the Department of the Interior. He stated that Easton has been a leader in this type of activity. The Town Attorney stated that the effort is to make the current law and regulations of the Town correspond with the state laws. He stated the average applicant will not see much difference. The Town Attorney discussed the difference between Historic District Commission and Historic Easton for Ms. Garrett.

The President of the Council stated that he had received a nice letter from Mr. Dustin Pope who observed the last meeting.

The President of the Council discussed the calendar. He invited comments from the audience.

Ms. Rosemary Garrett reiterated previous statements and stated that she hopes that the substation will help. Ms. Garrett discussed calling the police at midnight when a group of people were fighting and banging around on her fence. She also called when she heard what she thought was semi automatic shots. Ms. Garrett discussed curfews, loiterings, and drugs all being part of the problem. She discussed destruction to her fence. She discussed the police force. She stated that this will require a lot of effort and commitment to make a liveable area out of her neighborhood.

Ms. Carolyn Jaffee, 412 August Street, stated that she was at the County Council=s meeting on Tuesday where she understood that there was a working session to occur on the Liquor Ordinance. Ms. Jaffee stated that Ms. Jaffee had left a message that a session would occur at 9:00 A.M. this morning and that she had been told that they are voting tomorrow at 1:30 P.M. Ms. Jaffee stated that there was no opportunity for additional public input.

The Town Attorney advised that the law would be effective 60 days after enactment if he recalls the County rules correctly. Ms. Jaffee stated that she understands they are relying on the Town zoning to impact to a way desirable to the Town.

The President of the Council asked for the Council=s pleasure on outsourcing and fuel. Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the permission was granted to outsource the fuel as outlined by Mr. Lineberry.

Mr. Ford stated that he had noticed that there were a few more letters in the packet concerning the STOP signs and asked how this could be resurrected. Mr. Willey stated that Mr. Ford can make a motion if he chose since there was not a full Council at the last meeting. Mr. Ford moved that the signs effecting traffic on Sycamore and Willis at Garden be removed; seconded by Mr. Mayer. Mrs. Clem stated that she was unfamiliar with the procedure when a vote was taken and then a re-vote was taken subsequently. The President of the Council discussed concerns and stated that he was comfortable with looking at this.

The Town Attorney stated that any matter could be revisited by the Council if they choose.

Mr. Heinmuller questioned whether the motion was different then made at the last meeting. Mr. Willey stated that it was not totally different but he wanted to check with additional residents to get their input. Mr. Mayer questioned what information Mr. Willey was able to obtain. Mr. Willey stated that people in the vicinity of the intersection found the STOP signs a hindrance. The motion previously made to remove the signs was carried.

Mr. Mayer noted Mr. Reed had provided copies of a letter concerning lights in the vicinity of South Beechwood. He asked the Assistant Town Engineer to check the pricing of those lights. Mr. Lineberry stated that the pricing would be five lights at $1,000 a piece. He discussed the specific placement of the lights. Mr. Mayer discussed options and safety concerns at the intersections. Mr. Reed discussed people parking there since it is too dark. Mr. Mayer stated that the Town is working towards the budget and now is the time to gather information and provide to the appropriate departments.

The Mayor announced that the Capital Budgets will be due by February 16 with the Operating Budgets due by March 2.

Mrs. Clem asked if the Town maintains a list of all the Neighborhood Associations. The President of the Council stated that there are six on the copy that he has. Discussion occurred on this and copies were to be provided to the Council as well as listed to the Town of Easton web page and distributed to the library.

Mr. Ford reported that East End Neighborhood Association developed their own small area plan. He discussed the North Easton Association when it was very active. He stated that an Association cannot stop with one issue and that all the Associations need to be pro active and have somebody at every meeting like the East End Neighborhood Association does.

Mr. Heinmuller reported on First Night. He stated that approximately 500 people attended and that it was very successful and wholesome occurring over three venues. He stated that it was very good and very worthwhile.

Mr. Heinmuller discussed an article which was in the paper today concerning the bridge linking Easton and Oxford being named in honor of Mr. Bradley, the Oxford Town Commission which had recently passed away.

A motion was made to direct the Mayor to write a letter supporting the naming of the bridge on Oxford Road in honor of Mr. Bradley, seconded by Mr. Mayer and carried.

The President of the Council asked if anyone else had anything to bring before the Council.

There were no comments.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the meeting was adjourned at 8:16 P.M.

Town Clerk