February 1, 1999

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 Mayor C. Eugene Butler, Town Engineer Mr. Grunden, Captain David Spencer of the Easton Police Department, Town Attorney Mr. Kehoe and Town Planner Mr. Hamilton.

The meeting was opened with prayer and the Pledge of Allegiance led by Mr. Heinmuller.

Mr. Mayer moved approval of the minutes of the January 12, January 20, and January 25 Executive Session minutes with second by Mrs. Clem. Mr. Heinmuller offered a correction to the January 20 meeting and stated that he was not present but Mr. Mayer was. Minutes were then approved as corrected.

Captain Spencer stated that there were two officers present who had recently completed their two-year probation period. He introduced Officer Yvonne Freeman and Officer Marty Nielsen. The Mayor presented police officer awards to these two officers. Capt. Spencer noted that Officer George Paugh will also receive the award and has completed probation but was unable to attend due to being on duty.

Ms. Janet Pfeffer of Talbot Partnership was present. She stated that the Town contributes to Talbot Partnership and is a partner. She presented a copy of the annual report to the Mayor and Council. Ms. Pfeffer discussed the transition from a totally federally funded to a totally community supported agency. She discussed receiving Federal and State grants. She discussed a need to maintain and build sources of local support. She offered thanks to the Town Council and the Mayor and asked that they continue to support. She discussed five new programs including the court monitored program, a program working on a substance abuse treatment center in the detention center, youth groups in public schools, the Taking A Stand program and the legislative initiatives regarding the tobacco tax.

The President of the Council brought Resolution No. 5649 which would authorize the Town Clerk to abate taxes totaling $5,556.10 to the floor.

Upon motion by Mr. Ford, seconded by Mr. Mayer, Resolution No. 5649 passed following a roll call vote with Mr. Willey abstaining.

The President of the Council brought Resolution No. 5650 in support of Chesapeake Wildlife Heritage’s request to clarify their not-for-profit status under Maryland law to the floor. The Town Clerk explained the tax treatment by the State Department of Assessments and Taxation for Chesapeake Wildlife Heritage which is an IRS recognized 501(C) 3 corporation. The Town Clerk explained that Chesapeake Wildlife Heritage was attempting to legislatively correct the interpretation by going through Delegate Schisler’s office. The Town Clerk stated that they had asked for support of the Town.

Resolution No. 5650 was moved for passage by Mr. Mayer seconded by Mrs. Clem and carried unanimously following a roll call vote.

At 7:19 P.M., the President of the Council opened the Public Hearing on the request of Cooke’s Hope L.L.C. to amend the approved PUD for the Cooke’s Hope Village from detached single family to townhouse units.

The Town Planner discussed the minor adjustments needed.

Mr. Ford questioned whether the Planning and Zoning Commission had reviewed the request. The Town Planner reported that the Planning Commission had recommended three to zero approval.

Mrs. Clem stated that as she recalled, this was viewed as substantive changes.

The President of the Council asked if there were any Council comments at this stage. There were none.

Mr. Bruce C. Armistead, Esquire, representing the applicant, displayed a drawing of the site. He discussed the proposed amendment for the PUD for Cooke’s Hope Village. He stated that this project is existing and under construction. He discussed the Planning and Zoning review. He referred to the Assistant Town Planner’s memo from December 12 and agreed with the statements made in that memo.

Mr. Armistead stated that Mr. Bill Stagg is present as is Mr. Dick Firth and Ms. E. Dee Merriken. Mr. Stagg stated that he was a land planner for the project. He discussed the natural plan for Cooke’s Hope. He discussed the initial approval in approximately 1995. He discussed the current Phase 1 construction. He stated that Phase 2 will begin in a month or two. Mr. Stagg discussed the original PUD having 120 units over 88 acres and consisting of all single-family dwellings. Mr. Stagg discussed the reasons for the change in plans. He stated that the new increased density would be 185 units which is approximately 2.1 units per acre and is less than the allowable amount under the R10A zoning.

Mrs. Clem questioned whether the request is for 61 additional units. Mr. Stagg stated that was correct. Mr. Stagg stated that 50% of the units will have access to the rear of the property under the new proposal. He stated that the plan establishes a sense of order and hierarchy. He discussed the village core in the vicinity of the townhouse lots. He discussed the open space and the increased buffer from Oxford Road where no house would be closer than 400 feet to Oxford Road. Mr. Stagg discussed the changes in the lot size and stated that the plan has more than 30% of the area in open space. Mr. Stagg discussed service offerings and the need for enough critical mass to make a successful traditional neighborhood design. Mr. Stagg passed out an article describing the qualities desired. He stated that this plan has approximately four product offerings. He discussed the differentiation of the products offered.

Mr. Stagg discussed the townhouse layout and stated that these will be for sale. They will not be rented compared to other developments. Mr. Stagg stated that this is not a homogenous plan. He discussed the diversity and the scale as well as the market success of the project. Mr. Stagg stated that this is compatible with the density in Easton but it forms a tight neighborhood unit. He asked if there were any questions.

Mr. Ford questioned the rear lot lines from Oxford Road and what that would look like. Mr. Stagg stated that for the most part, people will not see the houses. He discussed the buffering and screening which is being installed.

Mr. Dick Firth stated that they will probably use some berming in the area to help block the view.

Mr. Mayer asked if there was another exit. Mr. Stagg stated that there was and described and clarified that the exit will not be an additional exit to Oxford Road.

Mrs. Clem questioned the traffic with 60 homes or 120 cars. Mr. Stagg stated that there will be some more traffic. He discussed the facilities on site, which might negate the need for additional trips as in a conventional subdivision.

Mr. Heinmuller questioned if they had re-divided the single-family dwellings to come up with the number of units. Mr. Stagg stated that they had. He stated that there would be approximately 20 more units. Mr. Heinmuller questioned whether the garages would be attached or detached. Mr. Stagg stated that typically they would be detached. Mr. Heinmuller questioned whether the stormwater management pond is included in the open space calculation. Mr. Stagg stated that it was. Mr. Heinmuller discussed the density being greater than suggested since you can’t build on the ponds. The Town Planner clarified that stormwater management ponds are required in these types of developments. Mr. Heinmuller questioned the existing phase. Mr. Stagg discussed that. Mr. Heinmuller questioned the price range envisioned for the townhouses. Ms. E. Dee Merriken stated that they think these will sell for between $250,000 and $300,000.

The Mayor asked if there was a picture available of the townhouses proposed. Mr. Stagg displayed a board with a photo of what is envisioned. The property displayed was a property in downtown Easton.

Mr. Paul Graybeal stated that he was building a home in Cooke’s Hope. He asked if the 124 units currently include the 30 homes. Mr. Stagg stated that it does as does the proposed 185 unit request. Mr. Graybeal questioned whether there would be 140 single-family residences. Mr. Stagg stated that was correct. Mr. Graybeal thanked Mr. Stagg for the clarification.

The President of the Council asked if there were any other comments from anyone present. There were none.

The President of the Council closed the Public Hearing at 7:46 P.M.

The President of the Council stated that the Council will leave the comment period open until the weekend for written comments and then the Council will make a decision subsequent to that.

The President of the Council invited the Town Engineer to discuss the requested approval of the proposed Easton Utilities Commission Consolidated Office Building Project. The Town Engineer discussed his memo related to this subject. He discussed the project as envisioned. He stated that the Utilities Commission has approved this and is requesting the Town Council’s approval. The Town Engineer asked if there were any questions. Mr. Mayer questioned whether there was a contract for agreement. Mr. Grunden stated that there was an understanding but not yet an agreement formally.

Mr. Ford questioned whether changes to the plan were mainly internal and whether the Planning Commission would re-review the project. Mr. Grunden stated that they have asked the Planning and Zoning Commission to have another look at the site plan.

There being no further discussion, upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, the Easton Utilities Commission was granted approval to proceed with the Consolidated Office Building.

The President of the Council brought Ordinance No. 386, ", "AN ORDINANCE AUTHORIZING AND EMPOWERING THE TOWN OF EASTON TO BORROW SEVEN MILLION NINE HUNDRED THOUSAND DOLLARS FOR THE PUBLIC PURPOSE OF (a) FINANCING AND REFINANCING A PORTION OF THE COSTS OF (I) CONSTRUCTION OF A HYBRID-FIBER-COAX CABLE TV SYSTEM –WIDE UPGRADE, (II) THE CONSTRUCTION AND EQUIPPING OF A 32,000 SQUARE FOOT OFFICE BUILDING, AND (III) CONSTRUCTION OF THE NORTHWEST EASTON UTILITY EXTENSION (COLLECTIVELY, THE "1999 UTILITIES PROJECTS") (b) FINANCING A PORTION OF THE COSTS OF 10,000 SQUARE FOOT ADDITION TO THE POLICE HEADQUARTERS BUILDING (THE "1999 PUBLIC FACILITIES PROJECT"): AND (c) ALL RELATED PLANNING ENGINEERING, ARCHITECTURAL, FISCAL AND LEGAL EXPENSES; AUTHORIZING AND EMPOWERING THE TOWN TO EVIDENCE SUCH BORROWING BY THE ISSUANCE AND SALE, UPON ITS FULL FAITH AND CREDIT OF ITS GENERAL OBLIGATION BONDS IN LIKE PAR AMOUNT PURSUANT TO THE AUTHORITY OF SECTIONS 31 TO 37 INCLUSIVE OF ARTICLE 23A OF THE ANNOTATED CODE OF MARYLAND (1998 REPLACEMENT VOLUME AND 1998 SUPPLEMENT) AND SECTION 19 OF ARTICLE VI OF THE CHARTER OF THE TOWN OF EASTON; PRESCRIBING THE FORM AND TENOR OF THE BONDS AND THE TERMS AND CONDITIONS FOR THE ISSUANCE AND SALE OF THE BONDS AT PUBLIC SALE, INCLUDING THE FORM OF THE NOTICE OF SALE; PRESCRIBING THE TERMS AND CONDITIONS OF THE BONDS AND ALL OTHER DETAILS INCIDENT TO THE ISSUANCE, SALE AND DELIVERY OF THE BONDS, PROVIDING FOR THE TOWN’S EASTON UTILITIES COMMISSION TO CHARGE, COLLECT AND REMIT TO THE TOWN FROM TARIFFS, SERVICE CHARGES OR OTHERWISE, REVENUES SUFFICIENT TO MEET THAT PORTION OF THE DEBT SERVICE REQUIREMENTS ON THE BONDS ATTRIBUTABLE TO THE 1999 UTILITIES PROJECTS, AND IN THE EVENT SUCH UTILITY REVENUES ARE INSUFFICIENT TO MEET SUCH DEBT SERVICE REQUIREMENTS, AND TO MEET THAT PORTION OF THE DEBT SERVICE REQUIREMENTS ON THE BONDS ATTRIBUTABLE TO THE 1999 PUBLIC FACILITIES PROJECT, FURTHER PROVIDING FOR THE LEVY AND COLLECTION OF TAXES SUFFICIENT FOR THE PROMPT PAYMENT OF THE MATURING PRINCIPAL OF AND INTEREST ON THE BONDS AND PLEDGING THE TOWN’S FULL FAITH AND CREDIT AND UNLIMITED TAXING POWER TO THE PROMPT PAYMENT OF SUCH PRINCIPAL AND INTEREST; AND GENERALLY RELATING TO THE ISSUANCE, SALE AND DELIVERY OF THE BONDS" to the floor.

The Town Attorney stated that action should occur at the next meeting. He stated that a presentation would be made at the next meeting.

The President of the Council introduced Ordinance No. 386 for a first reading.

Mr. Mayer questioned whether bond counsel would be present or necessary. The staff consensus was that this was not necessary.

The President of the Council brought Resolution No. 5651, "A RESOLUTION OF THE TOWN OF EASTON PERMITTING THE EASTON VOLUNTEER FIRE DEPARTMENT, INC. TO LEASE THE LARGE MEETING ROOM AT THE EASTON FIRE HALL AND TO PERMIT THE SERVICE OF ALCOHOLIC BEVERAGES IN THAT ROOM WHEN IT IS LEASED" to the floor.

Resolution No. 5651 was moved for passage by Mr. Ford seconded by Mr. Heinmuller and carried unanimously following a roll call vote.

Mr. Mayer noted that the Town is looking at this as a one-year test and that it would be reviewed after that time. He noted the sunset clause.

The President of the Council discussed the numerous notes from the Public Hearing. He then set a presentation to the Council from the Chamber of Commerce for the March 1 meeting.

The President of the Council asked for a motion to approve the releasing of the audit. Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the audit for the fiscal year ending June 30, 1998 was approved for release.

The President of the Council asked if anyone was present from the Fire Department. There was no one present to give a report.

The Mayor discussed a meeting, which was held on February 1 with Congressman Gilchrest which Mrs. Clem, and Mr. Hamilton and Mr. Jerry Adams attended. The Mayor stated that this was a very productive meeting regarding water quality. He stated that Congressman Gilchrest had suggested a meeting of the county and the Town Council and others. Mrs. Clem stated that it was a good presentation. Mr. Ford and Mr. Heinmuller asked for copies of any notes. The Mayor stated that he would provide those.

Captain Spencer reported that the Police Department had completed a promotional process and that they expect promotions in the near future. He discussed an extradition of a subject from Texas. Mr. Mayer noted that the possible people to be promoted are in fact tested and verified to be qualified prior to promotion. Captain Spencer discussed people eligible for promotion completing the process and the Chief reviewing the results.

The Town Engineer reported that the North Easton Sports Complex is nearing completion. He discussed efforts to cause that to happen and a meeting held with the contractor Mr. Bramble. The Town Engineer discussed amenities being worked on.

Mr. Mayer questioned what was not complete. The Town Engineer discussed this.

The Town Engineer invited the Mayor and Council to the annual road show, that is used to determine which streets need to have maintenance or upgrading. This will occur on February 17 at 7:30 A.M.

On the Utilities side, the Town Engineer discussed a Request for Proposals which had been published for electric energy supply for a one-year period.

Mr. Heinmuller questioned the Town Engineer about information regarding the Easton Club sidewalks. The Town Engineer reported that a letter had been sent to Mr. Rauch ordering him to cease and desist with placement of the slate sidewalks. The Town Planner stated that he had spoken with Mr. Rauch as did the Town Clerk and Mr. Rauch had advised both that he will not be a party to the PUD amendment as the developer and that he intends to put the sidewalks in as required.

The Town Engineer stated that he will lift the cease and desist order if the Council desires. The Town Attorney discussed the process for PUD amendments contemplated from the PUD developer. He discussed his understanding of people at the Easton Club who would like to raise the issue with the Council. Mr. Ford noted that the PUD was approved for approximately five to six years. He stated that his intent with the cease and desist order issued at the last meeting was due to the change in the approved PUD material. Mr. Ford stated that he would support continuing construction with the original materials approved under the PUD initially.

Mrs. Clem discussed issues raised at the last meeting and the materials used. She stated that she did not intend to not have sidewalks.

The Town Engineer stated that sidewalks are required. He discussed requests received for changes in the material and approvals for the slate by the Planning and Zoning Commission with the engineering office support. He stated that he viewed this as an attempt to modify and get the job done. He stated that he has heard the feeling that these should probably be concrete. He stated that he is willing to advise Mr. Rauch to proceed with the placement of concrete sidewalks.

Mr. Ford made the advice to Mr. Rauch to proceed with concrete sidewalks in the form of a motion, seconded by Mrs. Clem. Mrs. Clem suggested adding a not later than date. The Town Engineer suggested September 1. Mr. Heinmuller discussed the work proposed and the finality of the issue desired. He suggested picking November 1. Mr. Mayer stated that he believed in the sidewalks and the developer will stay with the original plan.

The President of the Council stated that he intends to vote no since he believes that Mr. Parker understood that this matter would be revisited with the PUD amendment process.

The Council passed the motion. Discussion occurred concerning the motion made last time and the intention thereof. Mr. Heinmuller discussed the PUD agreement between the Town of Easton and the developer and stated that Mr. Parker is not a party to that agreement. He discussed similar examples of the issues involved with third party PUD amendments and problems. The President of the Council stated that he firmly believes that Mr. Parker understood that this matter would be joined by the developer and that it would be heard as part of the PUD amendment.

Mrs. Clem made a motion to table this matter until the next meeting.

The Town Attorney suggested contacting Mr. Rauch and getting a written response of his intention as well as to notify Mr. Parker.

Mr. Ford withdrew his motion. Mrs. Clem withdrew her motion.

The President of the Council asked for any audience comments.

Ms. Libby Dawkins of 11 N. Thorogood Lane discussed the environment, planning and improvement and suggested not using salt on the streets. She discussed the cost versus the benefits.

The President of the Council thanked Ms. Dawkins for her comments.

Mr. Mayer noted that he had a couple of things for the Town Engineer to consider with the road show.

The President of the Council went through the upcoming Council calendar.

There being no further business, upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the meeting was adjourned at 8:16 P.M.

Town Clerk