October 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 and Mr. Heinmuller. Also attending the meeting were Mayor C. Eugene Butler, Chief George M. Harvey, Town Engineer Hugh E. Grunden, and Town Attorney Christopher Kehoe. Mrs. Clem was excused.

The meeting was opened with prayer by Mr. Heinmuller and was followed by a Pledge of Allegiance.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, minutes of the September 21 meeting were approved as written.

The President of the Council asked if Mr. Wentz was present to discuss the roadway issue. The Town Attorney advised that he and the Town Engineer would discuss that with the Council later.

The President of the Council asked if Ms. Beverly Haddaway was present to raise concerns before the Council. Ms. Haddaway was not present.

The President of the Council brought Amended Resolution No. 5631, "A RESOLUTION TO ANNEX CERTAIN LANDS OWNED BY TRIPPE’S CREEK LLC, CHESTON LIMITED PARTNERSHIP AND COOKE’S HOPE HOMEOWNERS ASSOCIATION, INC. TO THE TOWN OF EASTON LOCATED ON THE WESTERLY SIDE OF US ROUTE 50 AND THE EASTERLY SIDE OF MARYLAND STATE ROUTE 333 AND CONSISTING OF 217.851 ACRES OF LAND, MORE OR LESS, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE ANNEXATION" to the floor.

The President of the Council asked if there were any Council questions. Mr. Mayer questioned whether anyone present knew how much acreage in total had been annexed to the Town with Cooke’s Hope. The Town Planner advised that he could gather that information in a few moments.

Mr. Bill Stagg was present and stated that the total farm is around 480 acres approximately. Mr. Mayer stated that half is already in the Town limits. He stated that he thought that a good deal of the property would not be developed.

Resolution No. 5631 was moved for passage by Mr. Ford seconded by Mr. Mayer and carried unanimously following a roll call vote of those members present.

The President of the Council brought Ordinance No. 378, "AN ORDINANCE OF THE TOWN OF EASTON ASSIGNING THE MEDIUM DENSITY RESIDENTIAL (R-10A ZONING CLASSIFICATIONS TO CERTAIN PROPERTY OWNED BY TRIPPE’S CREEK LLC, CHESTON LIMITED PARTNERSHIP AND COOKE’S HOPE HOMEOWNERS ASSOCIATION, INC., UPON THE ANNEXATION OF THE PROPERTY INTO THE TOWN OF EASTON" to the floor and asked for questions. There were none.

Upon motion by Mr. Mayer, seconded by Mr. Ford, Ordinance No. 378 passed unanimously following a roll call vote of those members present.

The President of the Council brought Resolution No. 5638 which would authorize the Town Clerk to make necessary budget transfers to fund the renovations for the 11 S. Harrison Street property to the floor and asked if there were any comments. There were none.

Upon motion by Mr. Mayer, seconded by Mr. Heinmuller, Resolution No. 5638 passed unanimously following a roll call vote of those members present.

A letter was received from the Planning and Zoning Commission regarding the proposed comprehensive revision of the Zoning Ordinance with the Draft Zoning Ordinance attached.

The President of the Council asked Mr. Hamilton or Mr. Thomas if they had comments. Mr. Thomas stated that the cover letter indicates the summary. He passed out additional information and asked the Council to schedule a Public Hearing.

Mr. Mayer stated that he would like to see the hearing in late November. The President of the Council tentatively set the Public Hearing for the first meeting in December. Mr. Heinmuller questioned if Mr. Thomas was prepared to comment on the proposal. Mr. Thomas stated that he was. Mr. Heinmuller questioned if there was a change in the amount of impervious surface provisions. Mr. Thomas stated that he did not believe there were any changes in that.

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

A memo was received from Mr. Tim Glass requesting that the Council waive the permitting fees associated with the Utilities Commission Consolidated Office Building. The President of the Council asked if there were any questions. There were none.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the fees were waived.

Mr. George Beer of the Gilman Development Company was present. He stated that they do home building out of Wilmington, Delaware. He stated that their company has been building in the area since the early 60’s and that they have built five to six thousand houses and seven to eight thousand apartments. He stated that he is present to discuss the proposed apartment complex of twenty-six acres south of the by-pass. He stated that the Planning and Zoning Commission had approved the request and the Special Exception. He discussed the proposal for ninety-nine units which is currently zoned R-10A. Mr. Beer discussed forwarding copies of photos to the Council members. He discussed the Elkton property and the similarities to the Easton property. He discussed the financing which would be privately through the First National Bank as well as publicly through the Department of Housing and Community Development. Mr. Beers stated that the program requires limits to the rents and income limits. Mr. Beers stated that this is not Public Housing or Section 8 and that all their tenants work. He discussed income levels maxing out in the low $30,000 range. He stated that their rents for two bedroom apartments would be in the $400 range plus utilities or the low $525 with utilities. He discussed their management scenario and talking with local employers and letters which had been forwarded in support of this project to Council members. He stated that the adjoining property owners were happy with the proposal. He discussed the demand that they have identified and stated that there are only three vacant apartment units out of 480 units in Easton. He stated that their company would own this property and then function as the managing partner in the long term for approximately forty years.

Mr. Beer discussed taking the Mayor and Mrs. Clem to see their complexes in Dover, Delaware. He discussed the Mayor’s concern of older units and how these are maintained. Mr. Beer stated that they tend to manage their properties strictly. He discussed the financing of 2.25 to 2.5 million dollars through First National Bank and a one million-dollar loan through DHCD plus 3.75 million dollars of equity. Mr. Beer discussed the DHCD problems with the Parkview property and stated that they would like to utilize the same type of financing. He stated that this would require a letter of support and a local contribution.

Mr. Beer stated that he understands that with regards to the Parkview property, the Town acts as a conduit but the state will no longer accept that method. He discussed local support through deferral of impact fees and discussed approaching the Town Engineer concerning deferral over five years for the utilities fees plus they would pay interest on the deferral. He stated that they have Mr. Bill Stagg and Mr. Norman Wilson, Esquire, present on their behalf. He stated that they understand DHCD will approve that kind of structure. Mr. Beer stated he understands the Town has a policy of not having out of pocket costs to assist private developer. He asked the Council for a resolution of support and assistance to giving input for deferral.

The President of the Council asked what the Council’s pleasure was or if they have questions. Mr. Ford questioned whether this proposal had been to Planning and Zoning. Mr. Beer replied that it had been two weeks ago with approval.

Mr. Mayer commended Mr. Beer on his presentation and stated that it was the most clearly spoken for a project in years.

Mr. Heinmuller stated that it was very clear what Mr. Beer was asking for and he stated that he would need time to consider his request. He stated that it is easier for him to decide since he has been through this before. Mr. Beer discussed the difficulty and the contribution issue as well as what DHCD would accept.

Mr. Mayer questioned what Mr. Beer’s timetable was. Mr. Beer stated that he went to DHCD wanting to do what Parkview had done and was told that that scenario would not be acceptable. He stated that he is looking more short term than long term and the quicker the better. He stated that they would like to break ground next spring to summer.

The Mayor stated that he has received two calls today. One from the former Mayor of Elkton with good reports and the other was from the Chestertown Mayor with the same report. He stated that the complexes were clean and well kept when he visited. He stated that he believes in homeownership but if there is a need for this type of project, this would be the group to go with.

Mr. Mayer discussed the manager and the maintenance person living on site.

Mr. Norman Wilson, Esquire, stated that they represented Gilman Development Company for approximately six to eight years and stated that this is one developer that does follow through. He stated that Elkton is extremely pleased with the result. He stated that he is also Chairman of the Union Hospital in Elkton and many in their price range live in those apartments and are happy.

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

The President of the Council asked if there were any concerns.

Mr. Grunden asked to discuss this matter later in the meeting.

The Town Attorney stated that he thought this was worth considering but there are other aspects to bear in mind.

Mr. Farberman asked the Council to consider that he is not happy about most developments, especially townhouses. He questioned whether people earning $31,300 would be able to move in. Mr. Beer stated that the maximum amount someone could earn would be around $31,000. He stated that most people that would live here would be in the $20,000 to $31,000 range. He then read a list of Elkton tenants and their jobs.

The President of the Council thanked everyone for their input.

The President of the Council asked the Town Attorney about the West Kennedy Street annexation and the three options and asked if there was a preference.

The Town Attorney stated that this needs to be considered. He discussed a proposal for annexation for a part of Ratcliffe Manor. He stated that this would leave part of Glenwood isolated with many of the same issues. He thinks this would be a decision, which would impact two groups. He stated that he believes that the fairest way is to treat property owners in the same way as the developer with the cost being borne by the developer. As a practical matter, this might be best for the Town to consider.

The President of the Council stated that his personal preference would be to have the Town Engineer’s office do the work. Mr. Mayer agreed and discussed the need in wanting to be a part of the Town. The President of the Council stated that he would like to see option one. The Town Attorney stated that he understands that all cost would be recovered by the property. Mr. Mayer and the President of the Council stated that that was definitely the point in the case. The President of the Council asked if there were any audience comments.

Mr. Farberman stated that he was opposed to large developments and townhouses. He discussed the newspaper article about Easton Commons. He questioned how many grocery stores are needed. He stated that the Council has a lot to be thankful for.

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

Ms. Carolyn Jaffe discussed the EastEnd Neighborhood Association Annual Dinner meeting at 6:30 P.M. on October 12.

The President of the Council asked if there was anyone else who would like to make a comment.

Ms. Paula Coulbourne questioned if there was any property with tidal wetlands in the vicinity proposed by Mr. Beer. Mr. Beer discussed a quarter to one-half acre of tidal wetlands in areas, which are not going to be touched.

The President of the Council asked if there was anyone else. There was not.

Mr. Ken Bush was present on behalf of the Easton Volunteer Fire Dept., Inc. He passed out the Fire and EMS reports and minutes. He discussed the National Fire Prevention Week and encouraged safety practices at home. He discussed smoke detectors being available at Talbot Center and the Fire Marshal’s office. He discussed the Fire Department’s Open House on October 10 from 1:00 to 4:00 P.M. He discussed their poster contest and the first Bull Roast which is scheduled November 16 from 6:00 P.M. to 1:00 A.M.

Mr. Heinmuller added that it is considered good practice to change the batteries in smoke detectors when the clocks change. He encouraged all to do that.

The Mayor stated that he thinks that the ALS problem has been resolved. Dr. Bass will mediate this matter.

The Mayor discussed going to the HotSpot Conference in Baltimore which was well attended. He thanked Carolyn Jaffe for the invitation.

Mr. Mayer questioned whether the Mayor had talked to the property owners for the North Easton Park Sports Complex. The Mayor stated that he has been working on this and he has not yet been able to contact all of them.

Mr. Ford discussed the ALS article, which was in the paper.

The Mayor discussed the 61 box and the rest of the area for 90 days under the plan as proposed.

The Chief discussed a request for Easton Walk for Diabetes. He discussed the route and asked for approval for the October 11 event.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the motion was carried to grant approval.

The Chief discussed a special event, the Wild Goose Chase on October 25. He discussed the route and the assistance necessary at the bypass. The Chief stated that the Police Department has no problem with this request.

Upon motion by Mr. Heinmuller, seconded by Mr. Mayer and carried, permission was granted.

The Chief stated that Easton High School would like to resume their Homecoming Parades. He stated that this has been asked for October 23 at 4:00 P.M. He discussed the assembly at the Police Department and the route to the High School.

He stated that he thinks this is a good thing and he thinks they can work with the student government.

The President of the Council stated that the issue in the past also involved Halloween. The Chief discussed the issues previously involved. There being no further discussion, upon motion by Mr. Ford, seconded by Mr. Mayer and carried, permission was granted to have the Easton High School Homecoming parade.

The Chief discussed the Kings House of Prayer request for activities on Halloween at the corner of Dover Street and Locust Street. The Chief asked that this be tabled until the next meeting so that he can generate the details needed to make a decision. The President of the Council stated that was fine. The Chief discussed various resource concerns and read portions of a letter.

The Town Planner stated that he had been advised that the group had chosen Halloween since they want to attract juveniles and they wanted it to occur on sidewalks.

The Chief discussed a request from Hill’s Drugstore for an anniversary celebration to occur on November 20. They requested one parking space for a vintage vehicle. Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, permission was granted.

Mr. Heinmuller discussed the West Side Association having an evening out on September 24 for Back to School Night. He stated that it was very positive. He discussed the three officers he saw and the positive interaction between the officers and the neighbors. He stated that this was a great event and that the officers were very helpful.

The Chief stated that he had received a complaint regarding two uniformed officers playing football with the neighborhood children. He advised that he would probably join that activity if he saw it. The Chief discussed the first inspection of the Police Department to occur on October 9 and stated that this would be an Open House to anyone and hoped for strong support.

The Town Engineer stated that he would defer to the planning staff for the discussion on the growth allocation. The Town Planner discussed the Ratcliffe Manor annexation and stated that there will be a growth allocation request involved with that. He asked Mr. Thomas to handle the discussion. Mr. Thomas passed out a copy of a letter. Mr. Thomas discussed the critical area zoning type aspect. He discussed the needs and what they think are coming. Mr. Thomas discussed the Planning Commission input and estimated need. He stated that they are asking for a transfer from the County to Easton of the growth allocation. He discussed a map of anticipated growth for the next ten years including some in Town.

Mr. Hamilton stated that asking for the growth allocation does not mean that it is assigned. Mr. Hamilton stated that the County, Planner, Mr. Cowee indicated that he thought it was appropriate. Mr. Ford questioned whether the County allocation is finite. Mr. Thomas stated that overall; the County number is capped based upon the miles of shoreline in each county.

The Town Attorney discussed that issue and stated that he thought ample acreage available for the allocation. He discussed the county effort to direct growth to the municipal areas.

Mr. Thomas discussed large amount of growth allocation available to the County.

The President of the Council asked if there are any questions.

Mr. Mayer discussed trying to look forward for the long-term figure. The Town Attorney stated that this is ten years, which has been used up and that it is time to request additional allocation.

The Town Planner discussed being told previously that Easton Club did not require growth allocation and then the state said that they did need growth allocation.

The Town Attorney stated that the staff is asking for approval for the Mayor to sign a letter questioning growth allocation from the county.

Upon motion by Mr. Heinmuller, seconded by Mr. Ford and carried, permission was granted for the Mayor to sign the letter.

The Town Engineer reported that Hanson Street is essentially complete. He stated that crews are now on Davis Avenue on a similar project.

On the Utilities side, he appreciated the waiver for the Consolidated Office Building project. Regarding restructuring, he discussed the legislative session and the participation as well as many activities involved.

The Town Engineer discussed sending a memo to the Town Clerk regarding long-term borrowings. He discussed firming up the cost estimates and expected the anticipated sale to be in mid January. He stated that the rates are very favorable.

Mr. Grunden discussed the Joint Annual meeting with the Utilities Commission with a tentative date of Tuesday, November 24. He stated that the earlier the better but they were flexible. He stated that the meeting would probably occur in the Historical Society. The Council approved setting the meeting to begin at 5:00 P.M.

Mr. Willey stated that he was glad to see the letter from Mr. Alspach regarding the working out of the trees, which would have been destroyed in conjunction with the construction of the Utilities office building. The Town Engineer discussed this as well as the efforts to save the trees. Mr. Ford asked the question as to the status of the application of the new office building. The Town Engineer stated that it was on the Planning and Zoning agenda for tomorrow. He discussed that. Mr. Ford questioned whether it has gone before the Board of Appeals. The Town Engineer stated that it had and that the variances had been granted.

The Town Attorney asked an Executive Session to discuss personnel and the transfer of real estate as well as the advice of counsel.

Mr. Ford discussed concerns related to smart growth and other concepts. He stated that he mentions this since people are concerned about growth and he encouraged public participation in meetings related to this issue.

Mr. Heinmuller stated that he had one item for TV, which was ways to get information out. Mr. Heinmuller stated that he would like to see the sound system upgraded in the Council’s Chambers, which would allow better audio for the Council meetings. The President of the Council stated that the Town Clerk has figures in progress. Mr. Mayer stated that the Council meetings are widely watched. He discussed helping tremendously.

The President of the Council drew the Council’s attention to several memos from the Chief regarding needs and items, which need to be addressed.

The Town Engineer stated that he would like to have an Executive Session with the Council to discuss contracts and real estate.

There being no further discussion, upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, the Council voted unanimously to go into Executive Session at 8:12 P.M. to discuss the previously mentioned subjects.

The President of the Council declared the Executive Session closed at 9:11 P.M.

The President of the Council discussed the Legislative MML Dinner on October 27. He stated that the Third and Fourth Ward Council members will be responsible for the Third Annual Volunteer Party.

Mr. Heinmuller reminded the Mayor about sending a letter to State Highway concerning the parkway not being a by-pass. Mr. Heinmuller made that suggestion in the form of a motion, seconded by Mr. Ford and carried.

There being no further business, upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, the meeting was adjourned at 9:15 P.M. 

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Town Clerk