November 2, 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 Mr. Butler, the Town Engineer Mr. Grunden, the Chief of Police George Harvey, the Assistant Town Engineer Mr. Glass and the Town Attorney Mr. Christopher Kehoe.

The meeting was opened with prayer by Mr. Mayer.

Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, minutes of the October 19 meeting were approved as written.

A memo was received from the Mayor concerning a request to park a mobile bank unit from the State Employee’s Credit Union. The Mayor stated that it was self-explanatory and discussed the matter briefly.

Mr. Mayer stated that he thought that the suggested preferred parking area near the Easton Firehouse was the proper place. He made a motion to allow the van to park there for 2 ½ hours per month, seconded by Mrs. Clem and carried.

A letter was received from Mr. Brian and Robert Suder, Cigar & Smokeshop, requesting four short-term parking spaces in front of and across the street from the Cigar & Smokeshop at #6 Glenwood Avenue.

The Chief stated that he has seen this request and he does not see the problem there. He stated that there appears to be ample spaces. The Chief suggested that if the Council decides to do this, then meters should be placed to allow enforcement. The President of the Council referred the matter to Mr. Glass to bring before the Parking Commission. Mr. Mayer asked that the recommendation be routed to the Police Board following the Parking Commission’s recommendation. Mr. Heinmuller stated that there are currently two areas with two-hour enforcement. He stated that if this passes, he would like the fourth ward people to have the same privileges as the school and the hospital area. He stated that he would like the Police Board and the Parking Commission to consider these facts. Mr. Mayer discussed the temporary parking spaces in front of Hill’s and McCord’s. Mr. Heinmuller noted that there are no residents in that area.

A letter was received from the Chairman of the Easton Planning and Zoning Commission with a recommendation on the request of Rita Petitt for a Planned Redevelopment Overlay District Application for properties located primarily on Blake Street.

The Town Planner stated that the earliest the Public Hearing could occur would be December 7 but the Zoning Ordinance Public Hearing is set for that night. The President of the Council set the Planned Redevelopment Overlay District Application for December 21.

The President of the Council stated that the Council members had received a packet on the Zoning Ordinance and questioned the need for a workshop to go over that material. He suggested that meeting be set tonight. He stated that it was necessary to talk to the Planning Commission on what is included and why. The Council members generally agreed with the concept of a having a meeting. Mrs. Clem questioned whether the workshop would occur in November. The President of the Council stated that it would since the hearing is on December 7.

A letter was received from the Chairman, Easton Planning and Zoning Commission recommending the annexation request of the Argonaut Land Company, LLC (Ratcliffe Manor) of 386.44 acres of land located south of MD Route 322 (St. Michael’s Road). The President of the Council set the Public Hearing for January 4, 1999.

A memo was received from the Assistant Town Planner reporting on a Planned Redevelopment Amendment for Habitat for Humanity of Talbot County. The Town Planner discussed the request for sheds for the parcels developed by Habitat for Humanity. He stated that this matter has been to the Planning and Zoning Commission who approved lean-to type sheds versus freestanding units. The Town Planner stated that the Council could refer this to the Planning and Zoning or have a hearing. He stated that they are discussing ten foot by five-foot sheds. He discussed the stand-alone sheds, which have been placed that are being removed. Mr. Mayer questioned whether these would be like utility sheds. The Town Planner stated that these would be wood frame structures with vinyl siding. Mr. Stagg stated that they would have steel or wooden doors and that the lean-to roof would be tied to the structure of the house.

Mr. Heinmuller stated that there was high density in that area and he does not see where this would impact the neighborhoods since everyone else already has these types of sheds. Mr. Heinmuller moved approval with second by Mr. Mayer and carried.

A letter was received from the Assistant Town Engineer requesting permission to transfer funds to purchase a digital camera for the Code Enforcement Department and Rental Housing Inspection Department. Mr. Glass discussed spending $50 per month in film and processing. He stated that they are looking at this as an operational efficiency matter as well as eliminating costs.

The President of the Council stated that the request is to transfer money from the remaining paving budget.

Upon motion by Mrs. Clem, seconded by Mr. Ford and carried, permission was granted.

The President of the Council stated that at the last meeting there was a lengthy public hearing on the shopping center proposed to be known as Easton Commons. He stated that he does not think that he has seen as much correspondence on any other issue as this. He asked for the Council’s comments and questions.

Mrs. Clem asked where the Town is with the State of Maryland concerning the traffic issues. The Town Engineer discussed a meeting scheduled for November 10 to discuss this as well as the November 12, which would occur in Chestertown. He stated that other than that, nothing has occurred other than setting up the meeting.

The President of the Council asked for the Council’s questions and concerns.

Mr. Ford had a procedural question and stated that he had several comments. He questioned when the appropriate time would be. The Town Attorney stated that traditionally, the Council has discussed the PUDs and then reached a consensus of how to resolve the issue at which time the Town Attorney would prepare the Finding of Facts for their consideration.

Mr. Ford read a paragraph from the Comprehensive Plan, page 19 that outlines the dilemma on the growth question. He stated that balance is the key to solving problems. He stated that in his mind, the question of growth is critical to maintaining a community and that the best thing a community could do is to control the rate and type of how much growth occurs. Mr. Ford stated that he would like to respond to some of the letters received. He stated that there is nothing in the Zoning Ordinance or the Comprehensive Plan to prevent a unified development and that there does not have to be strip development on this parcel which he did not believe would happen anyway. Mr. Ford stated that the PUD application under consideration asked for buildings greater than 25,000 square feet and that is why the PUD is asked for. Mr. Ford referred to Super Fresh as being 27,000 square feet for comparative purposes. Mr. Ford stated that the parcel could be developed with almost fifty uses now without any PUD process.

Concerning traffic, Mr. Ford stated that it is obvious that traffic in that area is a problem and needs to be addressed regardless of the status of this application. He stated that he is optimistic due to Mr. Grunden’s comments. Mr. Ford stated that the Council has spent a lot of resources on the North Easton Sports Complex in order to ensure no vehicular access from that complex on Chapel Road since that road cannot handle the traffic now. He stated that he is hesitant to increase traffic on Chapel. Mr. Ford stated that the Comprehensive Plan is not ambiguous on its stance. He stated that it does not support more shopping centers. He stated that a project such as this could jeopardize the health of other commercial areas in the Town. Mr. Ford discussed revitalization efforts the Town has been involved with in the downtown and stated that the downtown could be jeopardized if the Town moves too quickly.

Mr. Ford stated that many proponents emphasized the need for more choices in shopping. He stated that it is important to consider that with those choices you would get the other things as well such as traffic, lights and noise. Mr. Ford stated that if people want Western Shore shopping, then we would have to become more like the Western Shore.

Mr. Mayer stated that one of the biggest problems he would have is the idea that this could only happen at this location. He stated that he doesn’t think the depth of the lots would lend themselves to strip development like other areas. Mr. Mayer stated that the Council has spent a lot of taxpayer’s funds to revitalize downtown to keep the downtown area alive. He suggested looking at other areas where shopping has gone elsewhere and the downtown is empty and those downtowns are trying to recapture shoppers in the downtown. Mr. Mayer stated that the center of the Town is the heart of the community. He stated that the town has pumped life into the downtown area. Mr. Mayer stated that he implied no offense, since this is clearly a quality project but he believes it is four to five years early. Mr. Mayer stated that the community has the ability to grow with character and that must be guarded.

Mrs. Clem stated that there is a level of disagreement over Easton Commons. She stated that after careful listening and review, she is not of a mind that Easton needs to create this at the expense of the residents. Mrs. Clem cited the Comprehensive Plan as having no language supporting additional shopping centers. Mrs. Clem stated that the traffic solution must be done before she could support anything along these lines.

Mr. Heinmuller stated that this is a very difficult matter for consideration. He referred to eleven million dollars being invested into what he termed an excellent project but stated that he has problems with much of the testimony supporting the application. He discussed the counter testimony from some sources. Mr. Heinmuller stated that the study he saw does not tell him of the need for new shopping. He stated that the traffic study was very clear and referred to Saturday afternoon with approximately 4,000 cars per hour with as many as 900 hundred extra cars from the study and only 600 would be going to this shopping center. He stated that he had problems with that.

Mr. Heinmuller stated that he had looked at two examples. The first was the Salisbury example where they have a nice center which is huge but the rest of the town has problems, especially in the downtown. Mr. Heinmuller questioned what this project could do to Easton’s downtown and suggested perhaps the same thing. The second place Mr. Heinmuller looked at was the other side of Kent Island where he stated it looks like a survival movie with everything empty where the stores have moved out. He discussed the difficulties of traffic and the lack of workers. Mr. Heinmuller stated that perhaps there would be workers in the first year but after that there could be trouble since the source of those workers have not been identified. Mr. Heinmuller stated that he does not think this is the right thing to do now. He wished the Gannons well. He stated that he was against the PUD and did not think it will work.

The President of the Council declared a five-minute recess at 7:30 P.M.

The President of the Council called the meeting back to order at 7:36 P.M.

Mr. Phil Curry of the Easton Volunteer Fire Department, Inc. passed out monthly reports and discussed the call responses and other issues. Mr. Curry discussed the Annual Employer Night and invited the Council. He discussed the efforts involved. Mr. Curry discussed the Annual Bull Roast which would be the Friday of Waterfowl Festival at the Fire House. He stated that it would run from 6:00 P.M. to 1:00 P.M.

Mr. Curry congratulated the Easton Utilities Commission for being named the Large Employer of the Year.

Mr. Mayer questioned the involvement of the Fire Department as Presidential standby at the Airport for the Aspen Conference.

Mr. Heinmuller questioned the October Fire Prevention Month and if that was a success. Mr. Curry stated that it was well attended and received.

Mr. Heinmuller questioned how the dual response is working. Mr. Curry stated that a new committee is being formed to look at that matter.

Mr. Heinmuller questioned the 74-second response time and whether that was in line with ALS. Mr. Curry stated that he would find that out and report at the next meeting.

Mrs. Clem asked that the Council be kept current with the dual response issue on a monthly basis.

The Mayor reported that the people missed a very nice Prayer Breakfast at the Elk’s Club on Saturday morning.

The President of the Council questioned the Mayor on the landscaping and fence options and questioned whether all of the owners had been contacted. The Mayor stated that they had been if you back up to the complex. He discussed the tree versus fence issue. The President of the Council stated that the Council was leaning towards trees. Mrs. Clem questioned the height of the proposed trees. The Mayor stated that the trees scheduled to be planted were four to six feet Cypress trees. Mr. Mayer stated that he was not sure that the Town should not get a release from people agreeing with the trees in case those people subsequently change their minds.

Mrs. Clem questioned if that was a function of the minutes. The Mayor stated that one person does not want anything behind his house.

The Chief reported on Halloween and stated that one car had been scratched. He stated that everyone seemed to enjoy the festivities.

Mr. Mayer questioned the response on the concept of the auxiliary volunteer police force. The Chief stated that they had received approximately ten calls. He stated that it was strictly a uniform effort on Halloween.

Mrs. Clem discussed the corner of Biery Street and Washington Street and the one parking place which had been restricted. She stated that the person keeps calling and that the feeling seems to be that there needs to be another space restricted so that people can see other vehicles coming. The Chief reported that his officers are in the area but are not seeing a problem. He asked the complainant to contact him directly.

Mr. Heinmuller stated that he uses that intersection frequently and that if there is a van or something similar, then it is difficult to see.

The Town Engineer reported that the Davis Avenue reconstruction is progressing. He stated that the Public Works Department is working on the cleanup for the Waterfowl Festival.

He referred to the Joint Annual Meeting with the Easton Utilities Commission which is coming up. Mr. Grunden discussed restructuring meetings in Annapolis and stated that it appears that municipals will be taxed in some way at this stage. Mr. Grunden discussed Eastern Shore Natural Gas expenses being passed on and the issues that Easton Utilities Commission has with that concept.

The Town Attorney asked an Executive Session to discuss pending litigation.

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

Mr. Mayer thanked the Town Engineer’s office for the new lights near the Academy of the Arts. He stated that this area is very well lighted now and that the Town should use that type of lighting in other areas of Town. He stated that it was a great addition.

Mr. Heinmuller encouraged everyone to come to the Waterfowl Festival events.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the Town Council went into Executive Session at 7:53 P.M. to discuss potential litigation.

The President of the Council declared the Executive Session closed at 8:21 P.M.

Mr. Heinmuller asked that the minutes show on the earlier vote regarding the State Employee’s Credit Union that he did not vote.

The President of the Council questioned progress on the Volunteer Party. Mr. Heinmuller stated that they are looking at the week of December 7 and maybe Wednesday, December 9.

The President of the Council asked if the November dates would be good to hold discussions with the Planning and Zoning Commission. After some discussion, Wednesday November 18 at 6:00 P.M. in the Council’s Chamber was set for the workshop meeting on the Zoning Ordinance.

There being no further discussion, upon motion by Mrs. Clem, seconded by Mr. Mayer and carried, the meeting was adjourned at 8:25 P.M.

Town Clerk