September 21, 1998

The Town Council of the Town of Easton met today. The meeting was called to order by the President, Mr. Willey at 6:15 P.M. Attending the meeting were Mr. Ford, Mr. Mayer and Mrs. Clem. Also attending the meeting was the Mayor. Ms. Patti Willis and Mr. John Long of the Chamber of Commerce were present and presented an update of the Chamber activities and their desires to inform and assist the Council. Mr. Heinmuller joined the meeting at 6:24 P.M.

Tourism efforts by the Chamber of Commerce were discussed. The NASA Welcome Center was also discussed.

The President of the Council recessed the meeting at 6:51 P.M.

The President of the Council called the meeting back to order at 7:00 P.M.

Also attending the meeting were Mr. Tim Glass, Chief George Harvey, Mr. Brian Hause and the Town Attorney Mr. Christopher Kehoe.

The meeting was opened with prayer and Pledge of Allegiance by Mrs. Clem

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, minutes of the August 31 and September 8 meetings were approved.

Resolution No. 5634 which would authorize the Town Clerk to abate and/or refund taxes due totaling $4,427.70 were moved for passage by Mr. Heinmuller, seconded by Mr. Mayer and carried unanimously following a roll call vote.

A letter was received from Mr. Joseph A. Stevens, Esquire, in the matter of property of Glenwood and part of Ratcliffe Manor for annexation. The President of the Council referred that matter to the Planning and Zoning Commission for recommendation.

A memo was received from the Town Attorney regarding the potential West Kennedy Street Annexation. The Town Attorney stated that the memo sets out the situation regarding an area west of Route 50. He stated that the residents were anxious to come into Town. He discussed the water extension and the choices that are outlined in the memo.

The President of the Council asked if there were any questions for the Town Attorney. There were none.

A letter was received from the Talbot County Humane Society requesting a refund of $100 for the Site Plan Review Fee, $200 Special Exception Fee and $250 Variance Fee. Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, permission was granted to refund the fees.

A letter was received from Elder Barbara McKenzie, Minister of Outreach and Evangelism, requesting permission to occupy and isolate all of West Street between Port Street and Glenwood Avenue for three hours for outreach ministry on Saturday, October 3. The Chief stated that he has seen this and he will need some clarification. The President of the Council suggested taking care of this at the next meeting.

The President of the Council brought the memo from the Assistant Town Engineer regarding the paving contract for fiscal year 1999 to the floor. Mr. Tim Glass discussed the completion of the Hanson Street paving. He stated that they are anxious to get a start on the fiscal year 1999 paving. The President of the Council questioned how this compares to the budget. Mr. Glass reported that this is under the 1999 Budget, $206,800 with the low bid by David A. Bramble at $149,971.92.

Mr. Heinmuller questioned whether Bramble is doing the Hanson Street paving. Mr. Glass stated that they were. Mr. Heinmuller questioned whether if awarded to Bramble, would they continue.

Mr. Glass stated that they are trying to do this now versus next Spring. Mr. Heinmuller asked the Town Clerk whether this would adversely affect the Town’s cash flow or create a problem. The Town Clerk advised that it would not.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, permission was granted to award the contract.

Mr. Heinmuller pointed out that the ministries request was for October 3 which would occur prior to the next meeting. He suggested approving the request with the Chief having the ability to work out the details.

Upon motion by Mr. Heinmuller, seconded by Mr. Mayer and carried, this suggestion was approved.

Invoices totaling $1,025,366.66 were approved for payment by Mr. Mayer, seconded by Mr. Heinmuller and carried.

Mr. Heinmuller stated that he had one issue for the Council. Post 77 has again won the National Colorguard Championship. He discussed honoring that organization and the Colorguard as well as providing recognition.

The President of the Council advised of a meeting with the County at 4:00 P.M. regarding ALS. The President of the Council asked if there was a Fire Department representative present. There was none.

The Mayor discussed the MML Chapter meeting and being unable to contact the President of the Eastern Shore Association of Municipalities. He stated that the MML Headquarters will be contacted to try to move this along.

The Chief reported that the Council is aware of efforts to upgrade uniforms. He stated that he had passed out copies to the Mayor and Council. The Chief discussed some citations, which had been issued over the past weekend for loitering. He thinks there were eight. The Chief reported that the Police Department has been receiving positive comments regarding the enforcement efforts in the shopping centers. He thanked the Council for their assistance regarding uniforms.

Mr. Heinmuller reported that there will be a School Night Out on September 24 at the Port Street Commercial Project. Ms. Joan Banks was present and discussed the Back to School Block Party that would occur from 6:00 P.M. to 8:00 P.M. This would include chaperones and food. The Chief stated that an Outreach officer and the majority of the Command Staff will be present for that event.

Mr. Heinmuller discussed things kids can do versus letters to the Star Democrat’s editor indicating that there is nothing to do. He stated that it is easy to find something to do.

Mr. Ford questioned when Halloween would be observed.

The Chief stated that it would be October 31.

At 7:15 P.M, the President of the Council opened the Public Hearing on the petition of Trippes Creek, LLC, Cheston Limited Partnership and Cooke’s Hope Homeownership Association, Inc., for the annexation of 217.851 acres lying contiguous to the existing boundaries of the Town of Easton, east of Maryland Route 333 and fronting on Easton Parkway and US Route 50.

The Town Attorney reported that this is an annexation for a portion of Cooke’s Hope. He discussed the portions annexed and the PUD before. He discussed a couple of issues, which had been raised previously such as Mr. Willey’s concern regarding the Oxford Road not being annexed previously. This annexation does include the appropriate portion of Oxford Road. The Town Attorney discussed the tax abatement issue and stated that he did not think that a clear consensus of the Council was apparent yet. He referred to Section 4, page two of the documentation, which abates the taxes until the water and sewer are made available to the property owner or ten years. He stated that this is the same language as the other Cooke’s Hope. The Town Attorney stated that Section 1 allows for the metes and bounds description to be reviewed for technical corrections. He discussed this matter.

The Town Planner reported that the Planning and Zoning Commission had reviewed this and found it compatible and recommended that it be annexed with an R-10A Zoning as proposed.

Mr. Ford questioned whether would bring additional Critical Area Growth Allocation into the Town of Easton. The Town Planner stated that this brings in critical area but there is no growth allocation from the County. He stated that they are asking the County to allocate some more growth allocation to the Town.

The President of the Council stated that Mr. Armistead would do his presentation and then the floor would be open for public comments.

Mr. Bruce C. Armistead, Esquire, thanked the Council. He stated that the staff has covered many of the points. He displayed an overhead projection of the area proposed and discussed that. He stated that it was approximately 217.8 acres. He discussed the three petitioners. He discussed the Cooke’s Hope road becoming a private road from the County and the Homeowner’s Association having ownership of that. He displayed various overheads and explained items related to the annexation. He stated that he has submitted a petition with all required attachments and documentation. He stated that they will cause McCrone to correct the metes and bounds description. He discussed the time available to correct the plats. Mr. Armistead stated that there are no registered voters in the annexation area but that 100% of the owners have been included. Mr. Armistead discussed the State Highway Administration notice, which was provided, and the annexation, which would include the Oxford Road. He provided a copy of a certified receipt to the Town Clerk for the file that the State Highway Administration had been notified of the Public Hearing. Mr. Armistead discussed the tie in to the Comprehensive Plan as future residential. Mr. Armistead stated that they had requested growth allocation in the critical area, which is approximately within 1,000 feet of Trippes Creek. He asked the Town to petition for 58 acres of growth allocation from the County. Mr. Armistead discussed the abatement of tax and asked that they be given the same treatment of the prior annexation. He discussed the question of the annexation and use. He discussed the project existing adjacent to this proposal as illustrative.

Mr. Dick Firth, owner, was present. He discussed the plan history and the prior annexation. He discussed the request for growth allocation. He discussed plans for a large portion to be left in open space with a future easement to make that permanent. He stated that he believed that all properties should be within the Town limits. He discussed concerns regarding the road and stated that now all of the systems are private with one government to deal with. Mr. Firth discussed the redevelopment plan and the Oxford road corridor, which will be left in open space. Mr. Firth discussed getting a growth allocation for the area. At this point, although they do not believe it will be developed, they would like to have that anyway just to keep their options open.

The President of the Council asked if there were any questions for Mr. Firth.

Mr. Mayer stated that if the road belongs to the homeowners, what occurs if the police department needs to patrol and it snows. Mr. Firth discussed equipment that they own which will be used to clear any roads immediately. The Chief stated that normally police services have no jurisdiction on private roads. He stated that he needs some sort of authorization to enforce in those areas.

Mr. Armistead discussed this and stated that they will work with the Chief on that matter. Mr. Armistead discussed the assessed valuation growing rapidly. Mr. Armistead requested approval.

The President of the Council discussed the rules applicable to public hearings and opened the floor for comments from the public.

Mr. William Farberman, Waverly Road, Easton, stated that he believes in growth. He discussed seeing the plans and stated that they were nice. He stated that he does not like the Townhouses in Easton Club. He discussed Cooke’s Hope having a better plan and stated that there was 24% growth in Easton since he had moved in which equates to a rate of 2%per year. Mr. Farberman discussed his disagreement with the figures of how many individuals live in an average home. Mr. Farberman discussed the number of units approved in Easton the previous year. He stated that the school services would be required. He discussed traffic issues and having to wait for lights to get through. He stated that this is a great place to live but if the land keeps being developed, the Town will loose it. He discussed developments in the County. He discussed his quality of life concerns. Mr. Farberman discussed houses being built in the $250,000 to $300,000 ranges and questioned how young people out of high school would be able to afford it.

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

Mr. Carson Andrew, 6855 Cooke’s Hope Road, stated that he thinks that an easement for open space proposed is very beneficial. He discussed Mr. Firth’s desire to keep the Oxford Road area open and avoid messing up the view like at Easton Club. He stated that he believes this will look nice.

The President of the Council asked if there was anyone else with comments. There were none.

The President of the Council asked if there were any additional Council comments.

Mr. Ford referred back to Mr. Armistead’s comments and suggested keeping in touch with the process. He stated that Mr. Farberman’s comments are more appropriate for consideration at the site-plan review stage. He discussed this. Discussion continued on Mr. Farberman’s concerns.

The President of the Council asked if anyone else had comments. There were none. He then closed the Public Hearing at 7:49 P.M.

The President of the Council stated that the Council should give their attention to Resolution to 5631 and Ordinance No. 378, which concerns this annexation and stated that a vote should occur at the next meeting.

The Town Attorney suggested allowing an amendment for police department concerns. The President of the Council asked that that be coordinated with Mr. Armistead.

Mrs. Clem advised that she would not be present for the October 5 meeting.

The President of the Council brought Resolution No. 5635, "A RESOLUTION OF THE TOWN OF EASTON ABANDONING A STORM WATER MANAGEMENT EASEMENT LOCATED IN OR ADJACENT TO THE PROPERTY KNOWN AS "THE WOODS AT STONEY RIDGE" SUBDIVSION AND AUTHORIZING THE CONVEYING OF THE TOWN’S INTERESTS THEREIN TO CORBIN PARK, INC." to the floor.

The Town Attorney discussed an easement, which the Town acquired years ago, and the location. He stated that it is no longer needed. This has been discussed with the Town Planner and they see no reason not to grant the request.

The President of the Council asked if there were Council questions.

Mr. Mayer asked if this was already platted and where the new pond would go. The Town Planner stated that it was and discussed the location.

Resolution No. 5635 was then moved for passage by Mrs. Clem seconded by Mr. Mayer and carried unanimously following a roll call vote.

A memo was received from the Assistant Town Engineer, Mr. Glass, concerning a buffer for the North Easton Sports Complex. Mr. Glass discussed the four options and the pricing. He stated that the memo was self-explanatory and asked for questions.

Mr. Mayer stated that he thought that the people had been told that each owner would be contacted. The Mayor stated that this is partially done.

The President of the Council referred the matter to the Park Board and asked that each resident be notified and that the comments be forwarded to the Park Board. Mr. Mayer discussed the need to contact each owner. The Mayor agreed. The President of the Council asked that the Council be notified when this is accomplished. Mr. Mayer discussed ways to solve and compromise the issues involved here.

Mr. Glass reported on the activity on Hanson Street. He stated that this is expected to be paved tomorrow. He appreciated everyone’s patience.

Mr. Glass discussed the Northwest Utilities Extension Project.

Mr. Mayer discussed road failure. He discussed Dover Lane and Merrick and between Howard and Elizabeth. He stated that when he called, this was handled very quickly and he appreciated the effort.

Mr. Ford questioned the impasse at the Planning and Zoning Commission for the Consolidated Office Building and questioned the next step. Mr. Glass reported that the Easton Utilities Commission is on the Board of Zoning Appeals agenda for tomorrow at 10:00 A.M. to resolve the issue. Mr. Ford stated that he thinks it is extremely important that all members of the Planning Commission be present.

Mr. Mayer asked the Town Attorney to discuss remedies if members of the Planning Commission continually do not show. The Town Attorney stated that although this was frustrating with a tie vote in this case, it is a rather rare occurrence without downplaying the comments made. Mrs. Clem discussed personal experience at the County Council when things came up 2 to 2 and felt that it was important for all members to be present. Mr. Mayer discussed this further.

The Town Attorney stated that he had several items for Executive Session including the advice of counsel and a real estate matter.

Mr. Ford stated that he had had an idea concerning the Police Department’s actions and asked the Chief whether he thought it would be beneficial for the Police Department and to go into the senior classes in the schools and discuss what is going on. He discussed the visioning experience. The Chief stated that he has begun preliminary discussions to interact with the schools. He stated that they want to be a part of that. He stated that he has no problem meeting with the young people but he has found that at most, very few of the trespassers in the parking lots are from Easton.

Mr. Mayer advised that Ms. Maureen Curry had been asked to do a project and had done this very well. He discussed her providing mouse pads, which were lacking at the schools and stated that they had received approximately fifty. The school is looking for approximately fifty more. He discussed the needs and thanks.

The President of the Council stated that on September 28, the Park Board would have their meeting, September 29 would be the Hotspot Ceremony and October 3 would be Autumn Fest in the Town Center.

The President of the Council asked for any audience comments.

Ms. Maureen Curry announced that the Easton Utilities Commission had been selected Talbot County’s Business of the Year by the Chamber of Commerce for 1998. She stated that she thinks that the award ceremony is October 7 and invited the Council.

Mr. Farberman questioned whether the Council has determined what percentage of growth they are looking for.

The President of the Council discussed conversations among the Council individually and discussed the need to consider this as a region. He stated that he did not recall the Council putting a specific number on growth and that each project would have to be viewed on its own merits. He discussed the desires of the Council to maintain appropriate growth and standard of living.

Mr. Farberman again discussed growth and his concerns.

Mr. Heinmuller discussed various factors considered and impacts. He thanked Mr. Farberman for his comments. Mr. Heinmuller discussed the Chamber advising that jobs are available and people are not available to fill those jobs. Mr. Farberman discussed pricing greater than the ability to pay. Mr. Mayer stated that Mr. Corbin had probably been awarded 300 out of the 400 building permits last year and his properties sell for $80,000 or less. Mr. Farberman suggested that Easton’s Town Council should meet with all of the other Councils.

A memo was received from the Town Clerk regarding research provided by the MML on annexation issues.

Ms. Carolyn Jaffee stated that the Color Guard had also been invited by the Governor’s Office for the HotSpot flag presentation. She discussed the October 12 East End Neighborhood Annual Dinner at 6:30 P.M. at Asbury Place.

The President of the Council stated that they had received a complimentary letter from Mr. Reed and he thanked Mr. Reed.

Upon motion by Mayer, seconded by Mr. Ford and carried, the Town Council went into Executive Session at 8:17 P.M. following a roll call vote to discuss the advice of counsel and real estate.

The President of the Council closed the Executive Session at 8:32 P.M.

The Mayor reported on Janice Higgins’ retirement and stated that her last official day would be Friday, October 02, 1998 and that a retirement open house is being worked on.

The Town Clerk briefed the Council on the upcoming proposed bond and asked the Council’s input if projects are desired.

Mr. Mayer suggested perhaps, the excess cost of the District Court Building. The Town Attorney suggested perhaps the West Kennedy Street annexation due to the situation there. Mrs. Clem suggested perhaps the West Glenwood Avenue proposed annexation from years ago due to the situation there. The Town Attorney also suggested money for Mistletoe Hall Farm.

Upon motion by Mr. Heinmuller, seconded by Mrs. Clem and carried the Council agreed to designate the Northwest Utilities Extension Project as identified for subsequent bond proceeds as required by the IRS rules.

There being no further business, upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the meeting was adjourned at 8:42 P.M.

Town Clerk