February 16, 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 Chief Harvey, the Town Attorney Mr. Kehoe, the Town Planner Mr. Hamilton and Assistant Town Engineer Mr. Glass. The Mayor was excused due to illness.

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

Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, minutes of the January 25 and February 1 meetings were approved as written.

Ms. Pyda Sterling and Ms. Debbie Jones were present to address the Council regarding the March of Dimes walk-a-thon which is scheduled for April 18. Ms. Sterling discussed the changed route to avoid the bypass. She stated that Captain Blue had assisted. Ms. Sterling stated that they are using the rails-to-trails and passed out copies of the route proposed.

The President of the Council questioned the Chief whether this had been approved. The Chief stated that they will have a couple of items to iron out and there will be an answer at the next Council meeting.

Mr. Heinmuller questioned who was chairing the effort. Ms. Sterling stated that the Mayor was the Honorary Chairman and Ms. Yvonne Deshield of Black & Decker is the Chairman. The President of the Council stated that maybe the Mayor would be willing to be the leader of a Town of Easton group. Ms. Clem asked the hours proposed. Ms. Sterling stated that they proposed to start at 10:00 A.M. at Black & Decker. Mr. Mayer suggested approving this request subject to the Chief of Police working out the details, made that into the form of a motion, seconded by Mrs. Clem, and carried. Ms. Sterling thanked the Council.

Mr. Don Bibb of the Easton Housing Authority was present and discussed the funding status and the terms of the Graham’s Park housing development, which is proposed. Mr. Bibb stated that construction financing was scheduled through St. Michaels Bank at $1,200,000. Mortgage financing is through US Rural Development at $990,000. The Maryland Department of Housing and Community Development HotSpot Home Ownership initiative would provide $500,000. Infrastructure cost of $332,343 would be provided by a block grant. Land acquisition cost would be provided by the Maryland Department of Housing and Community Development at $145,000 in a direct purchase subsidy in the amount of $120,000 would be provided by the Federal Home Bank of Atlanta if all the requested funding comes through. Mr. Bibb stated that he is hoping to tell of a ground breaking soon.

Resolution No. 5652, "A RESOLUTION OF THE TOWN OF EASTON ADOPTING RESTATED ARTICLES OF ORGANIZATION OF THE EASTON HOUSING AUTHORITY" was moved for passage by Mrs. Clem, seconded by Mr. Mayer and carried unanimously following a roll call vote.

A letter was received from the Supervisor of Elections requesting the Town Office staff be appointed to serve as Assistant Election Supervisors for the May 3, 1999 Town of Easton General Election.

The President of the Council stated that this was standard. Upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, the appointment of those staff members was approved.

Invoices in the amount of $433,712.78 were moved for passage by Mr. Mayer, seconded by Mr. Ford and carried.

The President of the Council stated that the last public hearing regarding Cooke’s Hope LLC, the record had been left open a week and no additional correspondence had been received. The President of the Council asked for the Council’s consensus on that matter. Mr. Mayer stated that he was in favor of that proposal and that it is the proper area. Mr. Ford echoed the comments and stated that the site plan is admirable and it protects visually from Oxford Road as well as protecting open space.

Mrs. Clem stated that she was supportive and echoed comments. She stated that this would be a great addition to the Town.

Mr. Heinmuller stated that he was in favor of this proposal as presented. He discussed the developer's record of accomplishment as being first class.

The Town Attorney stated that he would prepare the documentation for the Council.

The President of the Council discussed the calendar of items, which is upcoming and reminded everyone that the Capital Budget requests are due in.

The President of the Council asked if there was anyone present from the Fire Department to report. There was none.

The President of the Council noted that the Mayor was not present due to illness.

The Chief of Police stated that he had nothing to report.

Mr. Glass discussed the "road show" that is scheduled to occur. He discussed the upcoming demolition of the Yale property and discussed blocking traffic lanes due to that effort.

The Town Attorney stated that he is requesting an Executive Session to discuss potential litigation.

At 7:15 P.M., the President of the Council opened the Public Hearing on the petition of Swann Haven Ltd. (a Maryland Limited Partnership) for the annexation and zoning classification of certain lands located on the south side of Maryland Route 328, east of the existing town boundary into the municipal boundaries of the Town of Easton.

The President of the Council discussed the procedure which would be employed at the Public Hearing.

The Town Planner discussed the petition area of approximately 75 acres. He displayed an overhead of the location. The Town Planner stated that the Planning Commission had reviewed this and recommended favorably to annex and assign the R10A zoning. Mr. Hamilton discussed the location and the annexation generally including annexing the roadway. He discussed an issue regarding Fisher Range Road and stated it would be a better route of the road. He stated that it would work better as an eastside collector and Mr. Passyn has agreed to this. Mr. Hamilton stated that the Town could require upon annexation a dedication of the road to the Town.

Mr. Ford asked for an explanation of the term collector for the audience. Mr. Hamilton discussed this with an example of the road hierarchy. He discussed the tie in to Dover Road.

The Town Attorney questioned the conceptual depiction of that road. The Town Planner stated that the drawing displayed is in fact conceptual and that this would be finalized when it is appropriate.

Mr. Heinmuller stated that he would expect the road to be as good of quality as Fisher Range Road or better. The Town Planner stated that was correct and discussed this.

Mr. Mayer asked the Town Attorney if this was okay procedurally. The Town Attorney stated that it was not and that the Council could direct inclusion in the documentation.

Michael Pullen, Esq., representing the contract purchaser of the parcel was present. He stated that the proposal complies with the Comprehensive Plan. He stated that they have received favorable Planning and Zoning recommendation as well as from the County Planning and Zoning. He stated that this would enhance transportation plans and that the developer was willing to commit to building the road. Mr. Pullen stated that this would be a boom to the Town in completing Fisher Range Road. Mr. Pullen stated that the proposal has a lot of merit and discussed the existing phases. He asked the Council to act favorably on this matter.

The President of the Council asked if there were any questions for Mr. Pullen. There were none.

Mr. Perry Otwell, Engineer for the project, stated that he had discussed with Mr. Jerry Adams that the water and sewer is available. He discussed concerns regarding water quality recently and stated that only 64% of the allowable limit is currently used so this system would be compliant and that they are environmentally conscious. Mr. Otwell discussed the Stormwater Management Plan in phases as well as benefits to the surrounding area. He discussed improving the water quality and stated that they will handle this annexation in the same way as they have in the past. He discussed their experience in stormwater quality. Mr. Otwell stated that Mr. Passyn is not opposed to the collector street and will finalize this matter with Planning and Zoning. He discussed the current gridlock and improvements envisioned. He stated that they will in fact meet with State Highway and asked if there were any questions.

Mrs. Clem questioned whether the road would be built to the Town of Easton’s standards. Mr. Otwell stated that it would and discussed this matter. He discussed the limited number of access points. Mrs. Clem questioned who would perform snow removal and other actions. Mr. Otwell stated that this will be done by the Town of Easton who will own the road.

The President of the Council asked Mr. Pullen if he had any other presenters. Mr. Pullen answered that he did not.

The President of the Council opened the Public Hearing for audience comments.

Mr. Brian Brown, 8265 Gannon Circle, Crofton, expressed concern with the annexation in the Town. He stated that he believes this is a smart annexation but discussed two years ago, the $17,000 cost estimate for water and sewer to be extended to Crofton. He asked the Council to look at that cost and stated that he realizes this is coming. Mr. Brown discussed traffic concerns and sitting for fifteen minutes trying to get out of their development. He discussed traffic increases and questioned whether Mr. Corbin is continuing to develop in the area. He discussed traffic problems, particularly at Elliott Road.

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

Mrs. Clem asked Mr. Glass if there is an overall plan provided by the state or if the Town has to address the problems with the main roads as building out. Mr. Glass stated that they have regular meetings and workshops with the State Highway Administration. He stated that information in the packet is provided this time regarding the State Highway Administration’s review of Elliott Road. He discussed the traffic study in progress and stated that he expects to have something soon. Mrs. Clem stated that suggestions don’t solve these problems and questioned the available funding. Mr. Glass stated that he thinks that the State Highway would have funding available and discussed the signalization necessary, as an example, if that was determine to be required.

Mr. Mayer stated that if he remembers correctly a proposal is on the table to prohibit left turns from Elliott Road onto Goldsborough and discussed that.

The President of the Council discussed a meeting Thursday at noon with the Traffic and Parking Commission.

Mr. Heinmuller stated that if his memory serves correct, Wal-Mart indicated that they would pay for a light at Elliott or Teal Drive if it was determined to be necessary.

Mr. Farberman of Waverly Road, stated that they are talking about a lot of development and there must be a lot of automobiles. He discussed people using cars and demands for waste, schools and other problems. He stated that he thought that this is a deterioration of a lifestyle.

The President of the Council asked if there was anyone else who would like to speak. There was no one.

The President of the Council closed the Public hearing at 7:37 P.M. The President of the Council stated that the Town of Easton will accept comments by mail through Saturday afternoon.

The President of the Council read into the record Resolution No. 5646, "A RESOLUTION TO ANNEX CERTAIN LANDS OWNED BY THE SWANN HAVEN LIMITED PARTNERSHIP, HILDA MAE SWANN AND CHARLES D. SWANN LOCATED ON THE SOUTHERLY SIDE OF MARYLAND STATE ROUTE 328 AND CONSISTING OF 73.674 ACRES OF LAND, MORE OR LESS TO THE TOWN OF EASTON AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF ANNEXATION" and Ordinance No. 385, "AN ORDINANCE OF THE TOWN OF EASTON ASSIGNING THE MEDIUM DENSITY RESIDENTIAL (R-10A) CLASSIFICATION TO CERTAIN PROPERTY OWNED BY SWANN HAVEN LIMITED PARTNERSHIP UPON THE ANNEXATION OF THE PROPERTY BY THE TOWN OF EASTON."

The President of the Council stated that at the last meeting, 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" was introduced. He discussed the memorandum with the total 7.9 million dollars bond which 6.4 million dollars would be used for Easton Utilities purposes. Mr. Silvius answered a question regarding what a fiber looping was.

Ordinance No. 386 was moved for passage by Mr. Mayer seconded by Mr. Ford and carried unanimously following a roll call vote.

Mr. Mayer stated that he thinks that the people of the Town have been trying hard to work together. He discussed the Chief and the Utilities and streets looking better than ever. He stated that this means that the Town has less problems.

Mr. Heinmuller discussed Ward IV traffic enforcement being up and thanked the Chief for that. Mr. Heinmuller stated that the American flag at Moton Park needs to be replaced.

Mrs. Clem suggested contacting Congressman Gilchrest’s office for flags.

The President of the Council stated that a few years ago for the past few years, the Council has engaged in a written priority list. He stated that most of last year’s items have been taken care of and he would like comments for a new list to be provided to the Town Clerk for compilation.

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

Upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried unanimously following a roll call vote, the Town Council went into Executive Session at 7:44 P.M. to discuss potential litigation.

The President of the Council declared the Executive Session closed at 8:40 P.M.

There being no further business, the meeting was adjourned.

Town Clerk