March 15,1999

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, Assistant Town Engineer Tim Glass, Chief of Police George Harvey and Town Attorney Christopher Kehoe.

The meeting was opened with prayer by Mr. Mayer. Mr. Mayer led those present with the Pledge of Allegiance.

Upon motion by Mr. Mayer, seconded by Mr. Heinmuller, minutes of the March 1 meeting were approved as written.

Mr. Perry Otwell, Otwell Engineering Inc., was present to discuss properties at 213 and 215 W. Dover Street. He discussed a request for the inclusion of those properties in the Parking Tax District. He discussed the ample parking in the vicinity. He discussed the non-conforming lots and the parking requirements and he stated that they wished to convert these residences into offices.

Mr. Mayer questioned how many spaces they are planning to place. Mr. Otwell stated that he thought they would put about twenty and that would leave them about twenty-two short. He discussed minimal traffic and demand for parking in that area. Mr. Mayer stated that he presumed that there would be landscaping and the wide street would allow some parking. Mr. Otwell stated that was correct.

The Town Planner discussed Mr. Otwell’s plan and the Parking District’s lines. He stated that Mr. Otwell has the zoning for use but not enough parking. He stated that this is more of a variance request. He stated that this is two parcels and that the Zoning Ordinance says that those must be combined in this case. The Town Planner stated that for commercial use, it is better as one lot but there is a requirement for additional parking. He suggested forwarding this matter to the Parking Commission.

Mr. Mayer also suggested forwarding this to the Parking Commission.

The President of the Council asked Mr. Glass to take this matter before the Parking Commission.

The President of the Council stated that there was also some discussion as to the relationship of the Parking Commission with the Police Board. He asked for a mission statement for each commission to be prepared with the responsibilities. Mrs. Clem stated that one purpose would be to expedite and offer better response times as well as define what needs to be referred.

Mr. Mayer discussed the four-way stop sign at Earle and Hanson, which is still awaiting a response. The President of the Council suggested using Capt. Ben Blue as a resource.

The President of the Council brought Resolution No. 5656, "A RESOLUTION OF THE TOWN OF EASTON AUTHORIZING EXECUTION AND DELIVERY OF AN INTERIM AGREEMENT BETWEEN THE TOWN OF EASTON AND CONECTIV COMMUNICATIONS, INC. REGARDING THE CONSTRUCTION AND OPERATION OF TELECOMMUNICATIONS FACILITIES IN THE TOWN OF EASTON" to the floor.

The Town Attorney discussed deregulation and telecommunication's competition. He discussed this being an interim agreement since it is anticipated that the General Assembly will eventually act. He stated that the Town could use this agreement for other providers if needed. He discussed access to the streets subject to the approval of the Town Engineer. He discussed the connection and the revenue.

The President of the Council questioned whether the Town Engineer’s office will monitor the work. The Town Attorney stated that was correct.

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

The Town Attorney introduced Mr. John Watson and another gentlemen from Conectiv who were present.

Mr. Heinmuller discussed the bond issue for quite a lot of money and questioned if this would mean head to head competition with Conectiv. The Town Attorney stated that was possible and discussed telecommunications as defined by Federal Law.

Mr. Heinmuller stated that the reserves for damages to vegetation of $10,000 being set aside and questioned whether the staff felt that was enough money.

The Town Attorney stated that it was taken from Greenbelt and if it was used up it would be replenished. Mr. Heinmuller discussed right-of-way charges. The Town Attorney discussed trying to calculate without comparables and other various scenarios. Mr. Mayer stated that he presumed that Conectiv will provide maps, etc., detailing locations. The Town Attorney stated that was correct.

There being no further discussion, upon motion by Mr. Mayer, seconded by Mr. Ford and carried, Resolution No. 5656 passed unanimously following a roll call vote.

At 7:24 P.M., the President of the Council opened the Public Hearing on the request of Dr. David Hill of Idlewild Associates for an amendment to the William Hill Manor CM site plan.

The Town Planner discussed the application to amend the CM plan, which was previously approved. He stated that the Planning Commission has recommended approval for a ninety unit assisted living facility (ALF). He discussed the location. The Town Planner discussed comments regarding connection of the cul-de-sac as being objectionable and the option which was developed to link the road from the parking lot. He stated that he thinks that is a better plan due to the meeting, which was held with the residents. The Town Planner displayed an overhead of the rendering and discussed this meeting, the development standards and compliance with the Zoning Ordinance.

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

Mr. Tom Davis of McCrone representing William Hill Manor discussed being present last month for the facility on Cynwood Avenue. He thanked the Council for scheduling this in a timely manner. He discussed the phasing of the ninety unit ALF. He stated that they are looking at approximately 50,000 square feet and this is still being refined. He discussed compliance and parking. He discussed the thru road concerns raised by the neighbors. Mr. Davis stated that Ms. Donna Taylor has a letter from the community association supporting this. Mr. Davis discussed the buffering proposed and the architecture proposed. He discussed the CM requirements and stated that this project is in compliance and the Planning Commission has approved. He also stated that this project conforms to the Comprehensive Plan. The use is compatible and Mr. Davis did not believe that this will adverse impact the neighborhood traffic or any other historical, ecological aspects. He stated that it fits in well with the existing property.

Ms. Donna Taylor, Administrator of William Hill Manor stated that they had met with the Residents’ Association. Mr. Bausunberger is the president and he is present. The consensus was in favor of this project except for one person and this was all contingent on the changes in the road. She asked if there were any questions. Mr. Heinmuller stated that concerning the road, he was glad to see the change and he discussed the prior Council saying there would be no connection. Mr. Mayer stated that he did not believe that the road proposed would be looked at as a through road since its been changed. Mr. Ford thanked the developers for following through and checking with the residents. Mr. Ford stated there are many growth issues, which can only be resolved by people working out matters with those who are affected. Mr. Bausunberger stated that he did not hear the comments. Mr. Ford repeated the comments. Mr. Bausumberger stated that all the residents agreed except one who was concerned with the open space. He discussed this further.

The President of the Council asked if there were any other comments. There were none. The President of the Council asked if there were any audience comments. There were none. The President of the Council closed the Public Hearing at 7:38 P.M. The President of the Council stated that written comments would be received and the record would be kept open until this week and then the Council would render a decision.

A letter was received from the Town Attorney recommending the appointment of Ms. Sharon M. Shilling as Assistant Town Attorney. Upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, the appointment was approved. The Town Attorney stated that Ms. Shilling will provide excellent service to the Town.

The President of the Council brought Resolution No. 5655 which would authorize the Town Clerk to abate and/or refund taxes due totaling $3,912.40 to the floor. Resolution No. 5655 was moved for passage by Mr. Mayer seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5657, "A RESOLUTION OF THE EASTON TOWN COUNCIL APPROVING AN AMENDMENT TO A PLANNED UNIT DEVELOPMENT IN THE TOWN OF EASTON KNOWN AS COOKE’S HOPE VILLAGE" to the floor. Resolution No. 5657 was moved for passage by Mr. Mayer seconded by Mr. Ford and carried unanimously following a roll call vote.

A memo was received from the Mayor regarding re-appointments to various Boards and Commissions. The Mayor suggested re-appointing Ms. Sandra Bemis to the Historic District Commission. The Mayor has suggested the re-appointment of Mr. William Kirby to the Historic District Commission and Mr. Robert Lyons to MCTV. The Mayor stated that this was self-explanatory and asked for approval. Mr. Willey read the names and questioned whether the nominees were willing. The Mayor stated that they were. Upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, the appointments were approved. Mr. Mayer thanked these people for volunteering.

The President of the Council stated that the Tourism Task Force item would be put off until the April 5 agenda.

Invoices in the amount of $328,373.25 were moved for approval by Mr. Mayer, seconded by Mr. Ford and carried.

Ms. Rose Miles was present representing the Easton Volunteer Fire Department, Inc. She reported that they had hired two EMTs and two medics to go to 24-hour service.

The Town Engineer, Mr. Grunden arrived at 7:42 P.M.

The Mayor thanked the Public Works Department and the Easton Utilities for the last snow response. He stated that he had heard no complaints and again offered thanks. The Mayor requested that MML registrations be forwarded as soon as possible.

The Chief discussed the March of Dimes request and stated that they had worked out issues and asked for approval for Sunday, April 18. Upon motion by Mr. Ford, seconded by Mr. Mayer and carried, the March of Dimes request was approved.

The Mayor stated that this is a worthy cause.

The Chief reported that there is a request from the Heart Association for a fundraiser on June 25 through June 27 at the Academy of the Arts. He stated that they have asked waiver of the two-hour parking limit for vendors. He discussed the recommendation for approval.

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

The Chief reported that a new Meter Enforcement Officer had been hired. He stated that a new officer would begin service tomorrow. The Chief discussed con artists moving north with the weather. The Chief recommended that people accept no bids from door to door people and don’t allow these traveling salespeople into residences. He suggested calling the police. He discussed permits which are required. The Chief discussed increased complaints regarding magazine subscriptions. He stated that the Police Department will attempt to help although this will sometimes be a civil matter.

The Town Engineer reported that the Operating Budget had been submitted and asked if there were any questions. He discussed the amount of time being spent in Annapolis to monitor the effect of legislation.

The Town Attorney thanked the Council for appointing Ms. Sharon Shilling. He stated that he had attended a Public Hearing at the County Council regarding growth allocation and thinks that the County Council will act by the end of the month.

Mr. Heinmuller stated that the Town Council is charged with finding unique solutions and anytime they can have their cake and eat it too, it would be good for the Town of Easton.

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

The President of the Council reported that Moody’s had rated the Town of Easton as A-1 for the Municipal Bond Sale scheduled for March 17.

There being no further business, upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the meeting was adjourned at 7:54 P.M.

Town Clerk