SPECIAL MEETING

August 31, 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, Mrs. Clem and Mr. Heinmuller. Also attending the meeting were Mayor Butler, Assistant Town Engineer Mr. Glass, Town Engineer Mr. Grunden, Superintendent of Public Works Mr. Hause, Town Attorney Mr. Kehoe, Mr. Mike Morse Director of Parks and Recreation and Assistant Town Planner Mr. Thomas. Attending from the Planning and Zoning Commission was Ms. Peggy Pickall, Mr. John White and Mr. John Atwood. Also attending the meeting from the Park Board were Mr. Dave Stavely, Mr. Anthony Kohn, and Ms. Becky VanGilder.

The President of the Council stated that this is a special meeting that had been called to address the North Easton Sports Complex issues.

The President of the Council stated that he would like to start with one thing that he was sure of. He stated that this property was given as part of a settlement from the county in the Airport transfer and that the property was purchased with Open Space money and was earmarked to be for park purposes.

At 7:02 P.M., Mr. Mayer joined the meeting.

The Mayor discussed the meeting at the Presbyterian Church and concerns which were raised. The Mayor discussed the buffers proposed. He discussed the pedestrian plan which is proposed at the old railroad track and the concerns with the 129 Chapel Road pedestrian entrance. The Mayor stated that the walking trail on the park would be addressed when the funding becomes available. The Mayor stated that the playground equipment will be placed with the funding becomes available. He also discussed the location proposed. The Mayor discussed signage having final approval by the Park Board and ultimately by the Council.

The President of the Council asked if there were any Council questions. There were none. The President of the Council asked if there were any audience comments.

Ms. Peggy Pickall, 115 Chapel Road, asked for screening hedges to be considered around the outfield fences and around the road. She discussed a tree buffer. Ms. Pickall stated that she would like to discuss fencing and landscaping.

Ms. Buddy Hubbard, 119 Chapel Road, stated that he did not feel that a double row of trees would be desirable and accomplish the result. He discussed the planting two years ago and stated that they are now only three feet tall.

The Town Engineer stated that they are proposing to install double row staggered Leyland Cypress which have been priced at the four to five foot level and grow approximately two feet per year. He stated that these fill quickly.

Mr. John Braithwaite of the Planning Commission joined the meeting.

Ms. Peggy Hubbard, 119 Chapel Road, stated that this would not suit their needs. She stated that they are faced with a huge black top parking lot and that trees won’t keep people from going through the yard. She stated that there is a need for a tall fence with a sight and sound barrier. She stated that this was a total invasion of privacy and way of life. Ms. Hubbard stated that a chain-link fence wouldn’t do it and that trees are fine on one side of the fence.

Mr. Heinmuller questioned the Hubbards how much back yard there is between their house and the property line. Mr. Hubbard stated that the park comes within fifteen feet of his back yard and the house to the line is probably forty-five feet.

Mr. Mayer showed the location on the drawing. Mr. Hubbard stated that this area is different from Idlewild since most of the people live in their back yard.

Mrs. Clem stated that she has difficulty with the cost of privacy fencing being factored in. She stated that she is wrestling with this matter and stated that there needs to be a buffer mechanism worked with. Mrs. Clem stated that the other park discussed, meaning Idlewild, all the people face the park. She stated that if you drive behind there, there is a large parking lot at Cadmus behind all but four of the properties facing Idlewild Park. Mrs. Clem stated that she feels an obligation for the greenery and she is extremely sympathetic for the concern. Mrs. Clem stated that she understands that these people have lived in this vicinity quietly except for Route 50 for fifty years but that the park plan belongs to someone other than themselves and is being developed and needs to be looked at.

Ms. Becky VanGilder stated that she has a concern that there is a fence done which did not need to be maintained. She asked if the sound barrier heights could be regulated and if the costs were astronomical. The Town Engineer answered that those costs would be astronomical.

Mr. Heinmuller discussed fence height limits being six feet. Mr. Thomas stated that that had been changed to eight feet. Mr. Heinmuller suggested that these could be erected by homeowners.

Ms. Peggy Pickall discussed zoning being enacted in 1976 and not being applicable when Cadmus was developed. Ms. Pickall alleged that this project has not adhered to the Zoning Ordinance and to call it a park is misleading since it is a sports complex. She discussed the road coming within fifteen feet of property lines. She discussed requirements for screening and buffering in the Zoning Ordinance.

Ms. Libby Dawkins discussed not having zoning in 1949 when Cadmus was placed but there was a meeting and there were changes after placement.

Mr. Dave Stavely stated that he lives a short distance away and he doesn’t exactly agree with Mrs. Clem concerning the cost to the owners. He advocated pine seedling barriers but he now feels that was a mistake. He discussed the dry seasons and the trees being uncertain. He stated that a fence is certain.

Ms. Becky VanGilder questioned Ms. Pickall as what the Zoning regulations are that have not been met. Ms. Pickall referred to §6-9 of the Zoning Ordinance and read extracts detailing screening requirements.

The Town Attorney stated that the Zoning Ordinance does not apply to this. He stated that this is a governmental function of the Town of Easton and it would not apply unless the ordinance conscientiously includes that. He stated that he understands the position but strictly speaking, the Zoning Ordinance is not applicable.

Ms. Hubbard discussed the trees planted and losing them during the ice storm. She stated that these are not permanent fences. Mr. Hubbard asked the Town Attorney if the Town requires a developer to screen, why should the Town government be exempt. The Town Attorney stated that the Town government is exempt and whether it should be is another question. He stated that that does not mean that the Town should not attempt to meet the requirements. The Town Attorney stated that the Town cannot tell Maryland State Police for instance that they can’t have a helicopter pad if proposed since it is a government function and benefits the population as a whole.

The Town Engineer stated that the Town has in fact, held itself to the same standards and discussed evergreen hedges along the rear property lines of Chapel. Ms. Hubbard stated that it will be expensive and asked why the Town does not use fences and stated that the residents did not ask for the parking lot.

Ms. Pickall asked whether it was possible to draw long-range plans detailing these items year after year. The Town Engineer stated that it could be done but future councils could not be bound to a financial decision.

The President of the Council stated that they are heading that way now with the Planning Commission and the Park Board as to where things need to be placed in future parks.

Ms. VanGilder questioned how much it would cost for a chain link fence with an opening down the rear of property at 129 Chapel Road. She stated that she hears what Mrs. Clem has said and if it is reasonable, then the owners could plan on their side.

The President of the Council stated that a cedar fence at his house in the back yard cost $30 per foot.

Ms. Pickall questioned what about having the Town draw up a wish list and stated that Mr. Rauch has donors and maybe they could help.

Ms. VanGilder questioned whether that would be cheaper than the first proposal. The Town Engineer stated that that was correct.

Mr. Mayer stated that he had met with residents earlier and he had brought some brochures illustrating fencing.

The Mayor suggested not referring to the site as a park but instead as a sports complex.

Mr. Mayer stated that the trees won’t solve the privacy issue behind the Hubbard’s house. He feels that it is unfair to them and he feels there should be vinyl fencing with no maintenance which has nothing to do with the fundraising efforts.

The President of the Council discussed two issues. The first is the area where the runoff into the park has come into yards and the Town fixed that. The second is a buffer that is a little more difficult and needs to be looked at regarding possibilities. He stated that we won’t reach an agreement tonight and this could be a couple of years before everything is worked out entirely.

Mr. Heinmuller stated that he understood the problem and that he had been present earlier this evening. He stated that the one thing that concerns him regarding a privacy fence on private land. He discussed many meetings about school children cutting through other properties in the south end of Town. He stated that the Town did not talk about putting fences in at public cost for that issue. Secondarily, he knows that the taxpayers of Maryland bought that land for parkland purposes many years ago. He stated that the best use for the park is a sports complex as proposed.

The President of the Council discussed another example of a requested fence being turned down near Trippe Avenue.

Mr. Mayer stated that he did not think that the issues are the same.

The President of the Council stated that he felt there was a need to get the buffer issue squared away.

Mr. Ford stated that the trouble he has is that the Town is creating a destination for the Town and County and that if the Town doesn’t make an effort to funnel traffic, this will be an inconvenience as well as cause safety problems. Mr. Ford stated that the Town has a responsibility to consider efforts to direct people to the appropriate entrances. He stated that these could be channeling and chainlink fencing screened with plantings.

Mr. Heinmuller stated that he recalls three entrances when voting on the budget. The first was at 129 Chapel, which would not be a vehicular entrance but would be for foot traffic. He stated that they were also looking at development of the railroad bed from Chapel Road north for walking as well as a vehicle access coming in on the main road.

Mr. Ford stated that he did not dispute that and encouraged the use of entrances, which might take more than signs.

Mrs. Hubbard stated that the main reason for a fence would be for privacy. She stated that there should be a barrier.

Mr. Tony Kohn stated that they met at the park earlier with the Mayor, Mr. Hause, Mr. Glass and Mr. Sampson. He discussed the Mayor trying to have an answer for tonight. He stated that he had never heard about any privacy fence being a problem until this evening. He stated that he has heard the buffer issue before. He stated that we would be here all night long and not be able to resolve this issue tonight. Mr. Kohn stated that he is an advocate of the sports complex and he thinks that the Mayor is hoping to finalize this aspect tonight. He asked the Council, the Mayor and other to consider what has been said. He stated that there is an obligation for the most park for the least amount of money. He stated that he is privileged that Mr. Rauch and his group have come up with a funding mechanism to allow that. He discussed the Town and the Park Board trying to give the most for the dollar. He discussed the weather impacting the phasing. He stated that he thinks this can be resolved if people are patient.

Mrs. Hubbard stated that she is not opposed to the sports complex.

The Mayor stated that Mr. Rauch just gave information to what they propose.

Ms. Libby Dawkins pointed out the great advantage of plants over fences and stated that she would rather see her tax money spent on safety and law enforcement and needs more aspect and more rental inspection. Ms. Dawkins discussed safety, clean air and clean water. Ms. Dawkins discussed the financial strain on screening if older people have to fund that. Ms. Dawkins also discussed people huddling in their houses due to the fact that they feel unsafe.

The President of the Council stated that there are two issues. The first is runoff, which the Town has taken care of, and that the Town will come up with options regarding a fence versus screening.

s. Pickall questioned how this would proceed and how they can stay involved. The President of the Council stated that the Town would stay in touch with her.

Ms. VanGilder questioned whether the Park Board would be notified. The President of the Council answered certainly.

Resolution No. 5629, "A RESOLUTION OF THE TOWN OF EASTON AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT BETWEEN THE TOWN AND FRIENDS OF THE NORTH EASTON SPORTS COMPLEX, INC. FOR THE PRUPOSE OF FACILITATING FUND-RAISING FOR ATHLETIC FACILITIES AT NORTH EASTON PARK" was moved for passage by Mr. Mayer seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council asked if there was anything else before the meeting adjourns.

The Mayor asked the Town Engineer to brief on the entrance which is currently proposed at 129 Chapel.

The Town Engineer discussed the history of the entrances proposed. He discussed the new proposal for the entrance and access. He discussed two scenarios.

The Town Attorney asked if this was a one or the other proposition. The Town Engineer stated that both could be done if desired.

Ms. Pickall questioned the need for a bridge. Mr. Glass discussed the culvert which is proposed.

Ms. VanGilder questioned the Chapel Farms entrance. The Town Engineer discussed that.

Mrs. Clem questioned bicycle access and stands.

The Town Engineer stated that this is not being contemplated by his office but maybe by Mr. Rauch’s group. He viewed the project as evolutionary and as Mr. Rauch’s group was looking at larger amenities.

Ms. VanGilder questioned whether she was correct in understanding that the Park Board has the final say.

The Town Attorney stated that he understands that the Park Board has already approved this. Ms. VanGilder stated that in her opinion, the approval was not in detail and that they had only approved a concept and they were thinking about entrances. The Town Attorney stated that if she is talking about the Town Engineer’s description, the Park Board would be involved and that it has been solved with a Resolution by the Town Council.

The President of the Council stated that the Park Board will be notified. He stated that the concept had been approved by the Park Board and the Town must accept receipt of the money versus the Park Board and that that part is complete and approved.

Mr. Bob Rauch stated that his group had come to the Park Board with a specific list. He stated that their desire was that they would not have decisions made after raising the money for specific purposes. He stated that they were selling that plan and that the Park Board approved that plan. He stated that at the very least, they need to know what can be done on the plan.

Ms. Peggy Pickall asked for the wish list earlier and discussed that stating that a lot of details were not addressed.

Mr. Rauch stated that they did exactly that.

The President of the Council stated that the Resolution had been passed and that matter is settled.

There being no further business, upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the President of the Council adjourned the meeting at 8:10 P.M.

__________________________________________

Town Clerk