January 20, 1998

The 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, the Chief of Police, the Assistant Town Engineer Mr. Lineberry, the Town Planner Mr. Hamilton, the Town Attorney Mr. Kehoe, the Assistant Town Attorney Mr. Stephen Kehoe.

The meeting was opened with prayer by Mrs. Clem.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, minutes of the January 5, 1998 meeting were approved as written.

The President of the Council called for Mr. Lord Scott who was scheduled on the agenda to address the Council regarding public transportation. Mr. Scott was not present.

Ms. Kathe Waskin of Kathe & Company addressed the Council expressing concerns over crime. Ms. Waskin stated that a pro active status was required prior to decline in property values. She suggested a zero tolerance stance related to crime. Ms. Waskin stated that Town officials have their heads in the sand. Ms. Waskin alleged that crime is ignored by the Town leaders. Ms. Waskin discussed various crimes and claimed that these are not isolated incidents but everyday occurrences. Ms. Waskin stated that problems must be publicly addressed and alleged that laws are not enforced. Ms. Waskin alleged that there was a silent conspiracy since crime issues would hurt property values and tourism. Ms. Waskin suggested that the Town acknowledge publicly that there is a problem and that a community watch be formed to meet once a month. Ms. Waskin thanked the Council for listening.

Ms. Eileen Demeyer echoed comments made by Ms. Waskin. She discussed the perception of the problem. Ms. Demeyer discussed HotSpots and how well that program was working in Chestertown. Ms. Demeyer stated that the root of most crimes is illegal drug use. Ms. Demeyer stated that the primary responsibility of the police department is the prevention of crime. She requested that the Mayor and Council appoint a citizen task force to offer citizen input for the selection of the new Chief of Police as well as to interact with the police department to reduce crime. Ms. Demeyer thanked the Council.

The President of the Council asked for copies of the statements which they read from. The Mayor asked for a show of hands relating to citizens that were present with concerns related to the crime issue.

Ms. Jean Lord discussed alleged incidents which occurred between herself and police officers while she was on bicycles and raised complaints about how she thought she was treated by police officers in these incidents.

The President of the Council asked if anyone else had comments on this matter. He stated that the Council will have a response not later than Friday, with an action plan.

Mr. Ford stated that he understood one aspect of the HotSpot program was an Assistant Attorney to handle these claims. Col. Chase stated this was correct. Mr. Ford questioned who the officer was who is in charge of community policing. Col. Chase stated that it is Cpl. Wright.

Ms. Demeyer stated that she felt some of the problem was perception and some of it was a reality problem. She stated that she felt some of the problem was information based and the message is not getting out.

The President of the Council thanked everyone for their comments.

At 7:27 P.M., the President of the Council opened the Public Hearing on the request of Colonial Manor Homes for an Amendment to the Zoning classification of a 12.089 acre tract generally located southwest of the intersection of Wye and Earle Avenues. The area is presently zoned R-10A Residential and the request is to change to Planned Unit Development (PUD). The project is for a sixty-four (64) unit Assisted Living Facility.

The President of the Council discussed the rules which would apply to the Public Hearing. The Town Planner displayed an overhead of the location and discussed the 64 unit assisted living facility. The Town Planner stated that the purpose of the PUD is to add flexibility to the project. He discussed proposed access on a private road. He discussed changes of the proposal from the original. The Town Planner stated that the Planning commission has reviewed this and feels that it is very compatible with the area. He discussed other proposals previously. The Town Planner stated that he felt this would incur a low impact on traffic intensity. The Town Planner discussed visiting another site. He stated that the Planning Commission had recommended approval of the PUD and there is still a lot of details to be settled if the Council approves the PUD.

The President of the Council questioned consideration of the one-way in or one-way out on Earle Avenue. The Town Planner stated that he did not believe that issue was discussed. He discussed construction entrances and stated that this could be addressed to the applicant.

Mr. Heinmuller discussed whether the road was owned by the current owner. The Town Planner stated that it was and discussed an existing easement to the Town for Easton Utilities.

The Town Attorney questioned how close in terms of distance was the project building from Wye or Earle Avenue. The Town Planner stated that it was approximately 130 feet to the property line. He discussed this matter further.

The President of the Council thanked the Town Planner and asked the applicant to give their presentation.

Mr. George Wentz, President of Colonial Manor Homes was present. He discussed the history of the company. He discussed the basic design and differences from other developers. He discussed staff intimacy with clients and stated there would be sixteen residents per home. Mr. Wentz displayed elevation plan views as well as pictures. He discussed experiences with neighbors and attempts to mitigate the effect of construction and/or deliveries. Mr. Wentz asked for questions.

Mr. Ford questioned the number of trips when the project would be complete. Mr. Wentz discussed employees and activities as well as family visits. Mr. Ford questioned the percentage of residents who would own cars in these homes. Mr. Wentz stated that there would be zero. He discussed the level of care differences and stated that the residents would not be driving.

Mrs. Clem questioned the number of staff people for a twelve hour shift. Mr. Wentz stated that they would have seven full time people per home.

Mr. Mayer questioned the Severna Park property and if it was similar. Mr. Wentz stated that it was identical. The Town Planner stated that when they dropped in to the Severna Park property, half of the parking spaces were empty. Mr. Mayer questioned the traffic level anticipated. Mr. Wentz stated that he thought there would be ten using Severna Park as an example. Mrs. Wentz stated there would be ten at the very most. Discussion followed on this aspect. Mr. Mayer questioned the desire for this area. Mr. Wentz stated he wanted to use this setting due to the beauty and the buffer.

The Town Attorney questioned Mr. Wentz why driving directly to Washington Street was not suitable. Mr. Wentz discussed his perceived lack of visibility and access. He discussed his concerns over failure if access was through the vicinity of the pumping station. Mr. Wentz discussed the need for direct and easy access.

The President of the Council opened the comment period to the general public. He discussed the rules requiring name and address and asked people to limit their comments to three minutes until everyone has had a chance to speak.

Michael Jacobs, Esquire, 94 W. Earle Avenue, was present representing the South Easton Neighborhood Association. He posed various questions to Mr. Wentz generally following the letter he had mailed to the Town Council dated January 20. Discussion occurred over access ownership, future subdivision plans and phasing of the building project as well as financing.

Ms. Hip Bainbridge, Wye and Earle Avenue, expressed concern that if it was developed, that it not fail. Ms. Bainbridge stated that she believes that if the Council grants the zoning, there should be specific stipulations. She discussed cost of care concerns. Ms. Bainbridge stated that she was opposed to the PUD unless the Council writes specifications.

Mr. Wentz stated that he did not want this project to fail.

The President of the Council invited anyone else who chose to make comments.

Mr. Gene Mechling, President, South Easton Neighborhood Association, discussed neighbors meeting and preparing the letter Mr. Jacob had previously sent. Mr. Mechling read an extract from the summary with the seven items. Mr. Mechling asked access be restricted until 95% of the unit was complete.

Discussion followed on the construction phase. Mr. Mechling expressed concern over the parking and the hospital.

Ms. Dorothy Jefferson stated that she lives on Wye Avenue which is only twenty feet wide. She discussed congestion in the vicinity.

Ms. Peg Sinclair, Wye Avenue, questioned representation made by Mr. Wentz.

Mr. Wentz discussed the number of people who would be working at the location and stated that the maximum would be twelve.

Ms. Sinclair referred to two sections in the letter from Mr. Jacobs; number one and the subsequent access. Mr. Wentz discussed that. Ms. Sinclair asked if Mr. Wentz only built two units, would there be subsequent requirements for the remaining two to be the same.

Ms. Steve Satchell, Wye Avenue, stated that it was a great proposal. He referred to a letter from Mr. Joe Ross at Easton Memorial Hospital concerning excess capacity for this type of facility in the area. Mr. Satchell stated if passed, he would like to see number two in the letter incorporated.

Ms. Stacey Radcliffe, S. Washington Street, questioned the release of information concerning Mr. Wentz's licensing and the impact on emergency services. Mr. Wentz discussed that matter.

Ms. Nancy Spicer, Wye Avenue, stated that she was curious why the Town Planner feels the change needs to be a PUD if it can be developed for lower density.

The Town Attorney stated that the PUD proposal gives the Town the ability to impose conditions that the Zoning Ordinance does not typically address. The Town Attorney stated that most people view the PUD process as more restrictive.

Mr. Tom Lane, Site Engineer for the project, discussed the original CM concept and other allowables versus not allowables under the PUD.

Mr. Wentz stated that if permission was granted, he would have to return for additional permission from the Town.

The Town Attorney discussed Council action and typical conditions applied by the Council as well as ramifications.

Ms. Bainbridge questioned a frontage on the bypass. Mr. Lane discussed this and stated that they propose to leave that area in a natural condition.

Mr. Michael Jacobs stated that Mr. Wentz and Mr. Hamilton has been very responsive. He discussed capacity issues as well as the concept of closing Adkins Avenue. Mr. Jacobs expressed concern over the road cutting through from Port Street to Earle Avenue and stated that the PUD would be useful if the governing authority causes conditions to apply. He discussed the seven items in his letter which was delivered today. Mr. Jacobs asked for careful consideration in the letter and asked the Council to adopt those conditions.

The President of the Council declared the Public Hearing closed at 8:39 P.M. He thanked everyone for their thoughts and comments.

The President of the Council declared a five minute recess.

The President of the Council called the meeting back to order at 8:45 P.M.

The President of the Council asked for a consensus on the Cooke's Hope LLC request for an amendment to the zoning classification to change to a PUD. The consensus of the Town Council was supportive. The Town Attorney was directed to prepare the documentation.

The President of the Council brought a lease on the Police Substation in the vicinity of Aurora and South Street to the floor.

The Town Attorney discussed the changes requested by Mr. and Mrs. Bailey concerning the withdrawal provision. The Town Attorney reported that the lease now reads two years with the Town's right for a third year.

Col. Chase advised the Town Attorney that a substation will be useful for that entire period.

The Town Attorney reminded the Council that the Ethics Commission has reviewed this and ruled that the lease would be okay since the lease is at or less than fair market value rent.

Mr. Mayer stated that Mr. Bailey has put some work into the property.

There being no further discussion, Resolution No. 5608 authorizing the lease with Mr. and Mrs. Bailey was moved for passage by Mr. Mayer, seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council offered three comments on the revised Liquor Ordinance passed by the County. The first concerned the proximity to schools, the second concerned the age of service and the third had to do with the Council and the future applications including a given number of signatures from the affected Ward. The President of the Council asked for comments concerning the zoning issue.

The Town Planner stated that the Planning and Zoning Commission had looked at this matter and it will be before the Council at the next Council meeting. He briefed the Council on the Planning Commission's thoughts.

The President of the Council asked the Town Attorney to look at the other issues. The Town Attorney relayed a discussion he had with the County's attorney concerning local versus County concerns. He stated that he will consider the matter and report back to the Council.

Mrs. Clem expressed interest in knowing whether there could be long range plan concerning how many liquor stores would be allowable. The Town Attorney discussed the law enforcement concept in the community process. The Town Planner discussed the 1,000 ft. radius proposal from the property lines of schools, churches, etcetera, prohibiting liquor stores within that radius. The Town Planner also discussed listing on permitted uses of the Zoning Ordinance.

Resolution No. 5607 which would authorize the effective hours of parking meters within the Town of Easton parking lots to be changed to 8:00 A.M. to 5:00 P.M., daily except Sunday pursuant to applicable sections of the Town of Easton Code was brought to the floor.

The President of the Council asked for comments. Mr. Mayer discussed the meter times which do not fit in with the current enforcement.

There being no further discussion, Resolution No. 5607 was moved for passage by Mr. Mayer, seconded by Mrs. Clem and carried unanimously following a roll call vote.

Mr. Ken Bush of the Easton Volunteer Fire Department, Inc., was present. He stated that the had no report and asked for questions.

The Mayor asked for the election results. Mr. Bush reported that Mr. Tim McNeal, Mr. Steve Dyott, Mr. Gary Ball were elected to President, Vice President and Secretary Treasurer, respectively. Mr. Bush discussed the line officers.

The Mayor questioned the Council on whether the desired any changes to the Chief of Police appointment time line. He discussed this matter and went through the time line. The Mayor stated that the deadline for resumes for the Chief of Police position has been set for February 17.

The President of the Council stated that the Council members are free to add comments and get back to the Mayor with those comments.

Mr. Mayer noted that the two Star Democrat reporters have left the meeting.

Mrs. Clem complimented the Mayor's schedule concept. She discussed questions raised concerning citizen input for the Chief of police position and suggested that letters could be sent which would be reviewed by the Town and elected officials and apply those thoughts during the deliberations. Mrs. Clem stated that this would give people an opportunity for a voice to be heard.

Col. Chase discussed his monthly report including 69 arrests made last month. He went through additional selected statistics. Col. Chase reported that on January 7, Officer Paugh did a great job on a breaking and entering on the north end of town as well as the destruction of property which would not have been detected with normal patrol. Col. Chase reported that they had arrested and charged three juveniles between 12 and 14 years old. The children advised that they had nothing else to do.

The Chief reported that last Monday, at the Waterfowl Festival meeting, the Police Department was awarded a trophy for outstanding contributions to the Waterfowl Festival.

Col. Chase discussed two 14 year old children, one of which between 1991 and 1997 had been charged 28 times, eight times this year and reported that the youngster was still on the street. The second child had been charged 22 times, 7 times this year. Both started their careers at 8 years old. The Chief of Police discussed the HotSpot program. The Chief of Police stated that Easton does not have a good Police Department, Easton has a great Police Department.

Mr. Heinmuller discussed the statistics with results. He referred to the 100% closure rate on murders. He discussed the murder at the club on South Street which the Town subsequently purchased and demolished in order to rid the neighborhood of that problem. Mr. Heinmuller stated that he did not believe that he has his head in the sand and that the Town officials are working to get these matters resolved. He applauded the effort for community watch.

Mrs. Clem stated that community watches can be effective. She discussed her experience this past weekend being a victim of crime and stated that the support from the Police Department was outstanding. Mrs. Clem stated that she does not have her head in the sand and she is sorry that some citizens feel the way they do. She encouraged neighborhood watches.

Mr. Mayer reported that one think Col. Chase was told to do when he was appointed Chief of Police, was to announce everything; good, bad or indifferent. He stated that the public did not know before and he did not believe there are rampant problems but there are problems that the public is now being made aware of.

Mr. Lineberry introduced Mr. Mike Dickerson, Mr. Alan Conaway, Mr. Matt Wooters and Mr. Brian Hause, all of the Public Works Department. He discussed the abilities to contact these key members.

Mr. Lineberry reported that the annual road show to determine the state of the streets of Easton would occur on Wednesday, January 28. He discussed and welcomed any of the Council who chose to participate.

Mr. Lineberry reported on the proceeding Harrison Street Project.

Mrs. Clem discussed the corner of Harrison and South street being dimly lit and questioned whether it was possible to make changes to make it brighter. Mr. Lineberry stated that this could be looked at and discussed options. He also discussed colonial lights on Harrison Street which are expected in the near future with the reconstruction.

The President of the Council stated that last year, the Council worked with a type of business plan. He asked for the Council's thoughts for the next meeting. Things that could be considered would for example be liquor zoning, parking and traffic, the Bay Street Project, Graham's Alley, and Hyatt to the Cambridge area. The President of the Council reminded the Council that the Talbot County River Protection meeting is Thursday, 7:00 P.M. at the Talbot County Library.

Mr. Ford stated that the Council's silence on the Waterfowl Village was due to the matter not being before the Council yet and would have been inappropriate for the Council members to comment. He discussed the letter to the Editor and the allegations raised. He asked the Town Planner to comment.

The Town Planner discussed activities to date and where that project stands. He stated that it is not yet ready to come back before the Planning Commission. Mr. Ford stated that the process would not be unlike tonight's PUD hearing. Mr. Hamilton stated that it will be the exact same process. Mr. Ford discussed the Planning Commission's recommendation which would be necessary as well as the Council's approval.

Mr. Mayer reported that a street light is out in the vicinity of Frase's. Mr. Mayer stated that he had heard a lot of comments about Waterfowl Village and invited calls.

The President of the Council asked if anyone else had anything for the Council.

Ms. Carolyn Jaffee of the East End Neighborhood Association thanked the Council for the vote on the substation. She stated that she sat in District Court this morning for the HotSpot Program. She discussed the persons involved. Ms. Jaffee stated that something is happening and that things do not happen overnight to combat crime. She stated that she is excited over the substation and very pleased and reiterated her thanks.

The President of the Council asked if anyone else had something.

There being no further comments, upon motion by Mr. Heinmuller, seconded by Mr. Mayer and carried, the meeting was adjourned at 9:25 P.M.

____________________________________________

Town Clerk