September 20, 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 of the Council, Mr. Willey, with the following members present: Mr. Ford, Mr. Mayer, Mr. Reed and Mr. Heinmuller. Also attending the meeting were Mayor C. Eugene Butler, Town Engineer Mr. Glass, Capt. Spencer, Town Attorney Mr. Christopher Kehoe, Assistant Town Attorney Mr. Steve Kehoe, Town Planner Mr. Hamilton and Assistant Town Planner Mr. Thomas

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

Upon motion by Mr. Mayer, seconded by Mr. Reed, the minutes of the September 7, 1999 meeting were approved with a correction as outlined by Mr. Reed and with an amendment to the Executive Session minutes as noted by the Town Attorney.

A memo was received from the Town Engineer with bid tabulations for a transport trailer and a flatbed dumptruck.

The Town Engineer, Mr. Glass, stated that the truck is in the Capital Budget this year. However, the transport trailer was not. Mr. Glass stated that there are excess funds from the purchase of the refuse collection truck. He stated they saved $28,000 and would like to use those funds to purchase this trailer to transport equipment.

Mr. Mayer made a motion to approve the bids as submitted by the Town Engineer, seconded by Mr. Ford and carried unanimously.

A memo was received from Mr. Glass, Manager, Engineering Department regarding the waiver for permitting fees for the construction of the Cable Headend Building Addition. Mr. Glass stated that this is for an addition to the Cable Building to facilitate the upgrade of the cable system and also an addition to the storage shed at the Public Works facility, the latter which was approved in the Capital Budget for this year. He stated that both of those projects will involve permits through the Town and they are respectively requesting waiving of those fees associated with those permits.

Mr. Heinmuller made a motion to waive the fees associated with the necessary permits, seconded by Mr. Mayer and carried unanimously.

The President of the Council brought a letter to the floor from Ms. Barbara Zuehlke regarding parking restrictions waiver and closing South Street during Arts Marketplace October 7 through October 10. The President of the Council turned the matter over to Captain Spencer for a recommendation from the Easton Police Department.

The President of the Council brought a letter from Mr. Roger E. Critchlow regarding No Parking zone on South Washington Street. The President of the Council stated that this matter has been brought to the Council’s attention before and asked Capt. Spencer to contact Mr. Critchlow to see what the problem is. Mr. Heinmuller discussed Mr. Critchlow’s concerns as he understands them.

The President of the Council brought Resolution No. 5673, "A RESOLUTION OF THE TOWN OF EASTON INDICATING APPROVAL BY THE EASTON TOWN COUNCIL OF THE DEVELOPMENT OF MAGNOLIA MEADOWS APARTMENTS" to the floor.

Mr. Willey asked for staff comments.

The Town Attorney stated that this matter was before the Council last fall. He stated that it involves a request by the Gilman Development Corporation for approval by the Town or consent by the Town for them to proceed with financing that will be made available to them through a state program for the construction of a apartment complex on Route 322, essentially next to the existing Chatham Village. The Town Attorney stated that the matter was voted on and passed by the Town Council and vetoed by Mayor Butler. The representatives from Gilman Development have asked the Mayor to allow this matter to be reconsidered and that is why it is before the Council this evening.

The President of the Council asked for clarifications regarding management and open space for the development.

Mr. George Beer was present and stated that he was from Gilman Development Company out of Wilmington, Delaware. He stated he appreciated the opportunity to be before the Council again. Mr. Beer stated that Magnolia Meadows is a 99 unit complex adjacent to Chatham Village on the west side of 322. Mr. Beer displayed pictures of what the community will look like. He stated that the buildings will be single story units with individual entries in a series of two story building like that of a townhouse community. Mr. Beer stated that the site is 26 acres and the development will cover approximately 10 of the acres with the balance of the land being set aside for open space. Mr. Beer stated that their current plan and intention is not to touch the woods at all. He stated that full-time managers are employed on their properties and require that they live on site. Mr. Beer stated that the affordability of the community is basically provided through a combination of financing mechanisms including loans from the Department of Housing and Community Development. He stated that in order to get DHCD’s loans, you must have a resolution of support from the community. Mr. Beer stated that the development he proposes has no Section 8, no public housing or no other rental assistance programs associated with the community. He stated the rents are in the 460 to 470 dollar range before utilities with the income being in the low $30,000 a year range. Mr. Beer passed out a list of residents’ occupations in their development in Elkton. Mr. Beer stated that they have talked to neighboring communities which he stated are all in favor of the proposed development. Mr. Beer stated that they have a 2% vacancy rate, which reflects the turn around time for tenants moving in and out.

Mr. Beer asked if there were any questions. Mr. Ford asked if the project presented tonight was exactly the same project as before. Mr. Beer stated that it is exactly the same thing. Mr. Beer detailed the homeownership program that is funded out of the developer’s pocket.

The Mayor stated that he has not changed his mind about homeownership but he sees a need for this type of housing due to the fact that Black & Decker is busing employees to their Easton plant from as far as Pocomoke.

Mr. Mayer moved approval of the Council’s Resolution of support for Magnolia Meadows, seconded by Mr. Ford.

Mr. Heinmuller stated that he had included a letter to the Council dated September 16, which he read for the audience.

Mr. Reed questioned if there had been a traffic study to show the impact on Route 322 and if a light would be needed. Mr. Beer stated that the developments point of ingress and egress is going to be a right turn in and a right turn out onto Route 322 which he stated was designed for this parcel to be developed. Mr. Beer stated that the development is not a heavy producer of traffic.

The Town Planner stated that there is a full intersection there where you can drive from Washington Street all the way across onto Tristan Drive.

The President of the Council called for a roll call from the Town Clerk. Resolution No. 5673 was passed with Mr. Reed voting no and Mr. Heinmuller abstaining.

The President of the Council brought Resolution No. 397, "AN ORDINANCE OF THE TOWN OF EASTON AUTHORIZING THE CONVEYANCE BY THE TOWN OF TWO PARCELS OF LAND ON GRAHAM’S ALLEY IN THE TOWN OF EASTON TO THE EASTON HOUSING AUTHORITY AND APPROVING THE TERMS OF THE SALE" to the floor for a first reading.

At 7:25 P.M., the President of the Council re-opened the Public Hearing to obtain public comments which have not been previously heard on Amended Ordinance No. 390 which h proposes a three-month moratorium upon the review and approval of applications for "big box" retail uses in the Town of Easton.

The President of the Council explained the rules of the Public Hearing and asked that comments be limited to five minutes.

Mr. John Hurt stated that he and his wife are life long residents of Easton and Talbot County. He stated that he has been active here all his life. Mr. Hurt stated that in his opinion the fair and equitable thing to do in respect to this moratorium, should it be adopted, would be to exempt any applications already in place. He stated that he does not have any vested interest in any of these projects but he knows the Gannons and Dudrows. Mr. Hurt stated they are honest families and have devoted many hours of their time for the benefit of our community. Mr. Hurt asked that these developers be asked to utilize the rules already in place. Mr. Hurt stated that he believes that managed growth is not only inevitable but desirable as well. Mr. Hurt stated that it occurs to him that we can move forward in a controlled way that does protect what everyone holds dear and at the same time, not deny individuals the opportunity to earn a living.

Mr. David Thompson stated that he has a law office in Easton and has worked here since 1978. Mr. Thompson stated that he owns both commercial property downtown in Easton and residential property and resides in Bozman. Mr. Thompson stated that he has appeared before the Council for 20 years. Mr. Thompson noted that the Town of Easton has an interested, passionate and eloquent community. Mr. Thompson stated that in his opinion there is only one reason to enact a moratorium and that is if you have no confidence in the Zoning Ordinance that is adopted as a comprehensive revision. Mr. Thompson stated that the Town could move past this moratorium with the planning process continuing and supported. Mr. Thompson stated that hopefully, this will be the last hearing on the moratorium. He asked for the opportunity to give the community the chance to impose the standards to see if the Talbot community can be served.

Ms. Hope Harrington stated that she agrees with Mr. Hurt’s comments but wants to add to his comments. Ms. Harrington stated that she knows the Gannons and the Dudrows and they deserve the fairest treatment in any endeavors that they chose to pursue. Ms. Harrington stated that cooperation and compromise are practices that friends and neighbors prudently employ whenever joint interests are concerned. Ms. Harrington stated that for the need of the county, everyone needs to realize that love and respect are shared for what we have.

Mr. Al Goetz, 2442 Mallard Place, stated that he had sent in copies of his presentation. Mr. Goetz stated that he is a life long resident of Maryland and has owned property on the Eastern Shore for 35 years. Mr. Goetz stated that he supports and urges a 90-day moratorium to consider the advisability of permitting large-scale big box commercial development. Mr. Goetz stated that the rivers are impacted by the discharge from the wastewater treatment facility and the paved surfaces. Mr. Goetz stated that this should be a major concern to the Town Council and the County Council. Mr. Goetz stated that the tests he refers to are run by the MD Department of Environment, the University of MD Horn Point Laboratories and two citizen based water quality testing groups. Mr. Goetz referred to a meeting to discuss the wastewater runoff and the effects on the Choptank and Tred Avon River.

Mr. Doug Kirby, 8749 Ocean Gateway stated that he is an Easton native, born and raised here. He addressed the Council in opposition to the moratorium, which he states is a stall tactic by the Town to discourage additional big box retail development. Mr. Kirby stated that the Town has already limited the amount of commercial development available and placed it within the areas deemed appropriate. Mr. Kirby stated that there has already been an unofficial moratorium and he doesn’t see what has been accomplished in that time. Mr. Kirby stated that change is a necessary part of life and that the competition that larger stores bring is healthy for the economy and healthy for consumers. He stated that the same people that are complaining now are probably the same people that complained about Wal-Mart and they probably shop there now. Mr. Kirby stated that he is only one number in his generation but there are many more just like him. Mr. Kirby stated that the people that shop downtown are not the same clientele that shop in big box stores. He stated that he does not want to deny anyone the opportunity to shop downtown although he can not afford it and likewise he doesn’t want to be denied the opportunity to shop in big boxes.

Mr. Dirk Bartlett, 7905 Bloomfield Road outside of Easton, stated that Easton and its counties stand at a crossroads. Mr. Bartlett stated that the Town is threatened by big box development. Mr. Bartlett stated that he is a member of The Talbot Preservation Alliance, an alliance of concerned citizens from many backgrounds and walks of life with membership open to any citizen of any background who share a mission statement for the preservation of the county, the city, and the environment. Mr. Bartlett stated that big box development is not consistent with the goals of the organization nor, for the Town of Easton. Mr. Bartlett stated that facts and statistics in the towns that make up the top ten towns are devoid of developments that the Town of Easton is now considering. He stated that people visit Easton and Talbot County for what is not here, as for what is here. Mr. Bartlett referred to the big boxes as "Godzilla" and outlined three options the Town of Easton has; get stepped on, do nothing and watch as the Town is destroyed or fight back and be revisited by it again. Mr. Bartlett stated that the Town needs time to study the issue.

Mr. Tom Hughes, 9284 Chenar Farm Road, stated that he is speaking tonight as a private citizen and his remarks are entirely his own. Mr. Hughes stated that he is speaking to remind everyone of the statement made in this room last summer by Mr. Parker Williams, State High Administrator. Mr. Hughes stated that Mr. Williams stated that unequivocally, there would be no state funds to widen either the St. Michaels road or the Easton Parkway for at least the next twenty years. Mr. Hughes stated that it was his understanding that Glebe Road west of Goldsborough Neck Road cannot be widened because of environmental reasons. Mr. Hughes suggested finding out now how much more traffic these roads can accommodate. He stated that he strongly supports a 90-day moratorium.

Dr. Callum Bain, 9704 Bantry Road, stated that he had a friend that dropped bombs during the Vietnam War. Dr. Bain stated that his friend said that it was not very effective to drop bombs in open fields so they chose road intersections to drop bombs on to cause the maximum of damage. Dr. Bain stated that these two major shopping centers at the intersection of Route 50 and 322 and the junction of 322 and the St. Michaels Road are bombs on the highway. Dr. Bain stated that they will dislocate north/south traffic as well as east/west traffic.

Mr. Glen Gannon, 2840 Pleasant Valley Drive stated that he is part owner of property for one proposed project. Mr. Gannon stated that he believes that big box is just a cover up for development all the way around. He stated that if big box doesn’t go up there, the same people will be here against anything proposed in the site. Mr. Gannon suggested that the people opposing development along with the Town buy the land to keep it green and grow corn or beans on it.

Mr. Farberman, Waverly Road, stated that he took a survey by himself as to what this Town might and might not need. He stated that the Town has five major supermarkets, fourteen places you could buy a piece of pizza or a piece of chicken, twelve restaurants and five places you can buy nails and paint. The Town also has empty retail space, which the Town does not need. Mr. Farberman asked that the Council please consider this information when deciding upon the moratorium.

Mr. Jim Latham stated that he is a life-long resident of Talbot County. Mr. Latham recalled today’s headlines in the Star Democrat and stated that after seven years and millions of dollars in legal fees, Chestertown was told by the Federal Court system that they have to take Wal-Mart. Mr. Latham stated that he hopes that this Town does not go to this situation. Mr. Latham stated that he thinks that the voters in the Town of Easton are entitled to the final say. Mr. Latham referenced the recent Smith property annexation and asked the Council to protect the rivers.

Mr. Gene Mechling, 222 S. Washington Street, stated that he participated in the visioning process and now developers are coming in and the Town is going through the process again. Mr. Mechling stated that he supports the moratorium. Mr. Mechling stated that if the Council allows unlimited development, the 17^th Century ambiance of Easton and surrounding towns will be destroyed. He asked the Council to think of the future generations and try to preserve the quality of life. Mr. Mechling reflected on his past while living at Aspen, Colorado and stated that the developers had done the same thing there as what is going on in Easton now. He stated that the Town placed the tap fees rather high on development and went to minimum lot sizes to control development. Mr. Mechling stated that there are ways to get value out of properties without development. Mr. Mechling suggested listing the pros and cons on the moratorium to get a better idea of what is going to happen. Mr. Mechling thanked the Council for the opportunity to speak and stated that he encourages the moratorium. He suggested looking into the National Trust Fund and the material they publish on trying to preserve small towns in this nation.

Mr. Howard Crossen stated that he is Vice President of Development for United Trust Fund and are the developers for the proposed Lowe’s re-location. He stated he has heard many opinions here and he appreciates everyone’s opinion. Mr. Crossen stated that what he has heard is not only anti-moratorium but also anti-growth. He expressed his sorrow for the Gannons. Mr. Crossen stated that if a moratorium is put in place and it is beneficial, he is 100% for it as a developer. He stated it is only fair to have a decision and a set of rules to play by. Mr. Crossen stated that projects become very expensive when the rules change. Mr. Crossen stated that he looks forward to working with Planning and Zoning with a product everyone is proud of.

Mr. Bernie Thomas, 303 S. Hanson Street stated that he would like to compliment the Council for listening to everyone. He stated that he did not believe that out of the nine hours of listening, there was ten minutes of testimony from constituents. Mr. Thomas suggested talking to the constituency and find out what the people that voted them in office want.

At 8:10 P.M., the President of the Council closed the Public Hearing on the proposed moratorium.

The President of the Council drew the Council’s attention to a letter regarding the moratorium from Mr. Walt Petrie, which was enclosed in the packets.

Mr. Ford asked if he could make a comment regarding the moratorium. Mr. Ford stated that he initially proposed the moratorium because he felt that the Comprehensive Plan was being misinterpreted by certain developers and Easton was being forced in the development direction that the community as a whole did not support. Mr. Ford stated that he has found the ensuing discussions very thought provoking and educational. He stated that his initial concerns regarding big box development seem to be an over simplification of a much larger issue involving growth and its direction in our community. Mr. Ford stated that he believes more strongly in a moratorium, not as a deterrent but as an opportunity for the community to determine its future. Mr. Ford stated that he fully supports the moratorium realizing that with that support comes an obligation to expedite the process.

Mr. Ford made a motion to approve Ordinance No. 390, seconded by Mr. Mayer.

Mr. Mayer stated that he did go to his constituents so that he could clearly hear what the people of his ward were thinking. Mr. Mayer stated that the growth over the past ten years has been around 3 ½ percent and the roads are not being upgraded by the state. Mr. Mayer outlined the areas that he thinks need to be addressed during the moratorium.

Mr. Reed stated that he had completed a survey throughout Ward III. Mr. Reed stated that he had personally called on residents and had received a lot of feedback. He stated that he does not think that 90 days will be enough time to answer all the questions out there. He suggested a six-month moratorium.

Mr. Heinmuller stated that the moratorium comes down to change and growth. He stated that the Town needs to make sure that the ordinances they have in place are for all types of growth and are appropriate to maintain the quality of life the community is looking for. Mr. Heinmuller stated that he is in favor of a productive moratorium and that he is not in favor of a change that would limit one small segment of the market. Mr. Heinmuller suggested review of the Comprehensive Plan in relation to the issues of growth and additional study from expert witnesses on how to model and do it right.

The President of the Council asked for a second to Mr. Ford’s motion. Mr. Mayer seconded Mr. Ford’s motion to approve Ordinance No. 390.

The President of the Council stated that he has been a resident of this Town longer than anyone on this Council and most of the people that have said anything at these meetings. Mr. stated that he thinks that he speaks for the Council when he asks the question of does anybody think down deep in their heart that anyone on this Council would do anything to jeopardize Easton’s future and quality of life and he dare says no, the Council would not. Mr. Willey stated that he enjoyed hearing from the community. He stated that he had been extremely disappointed in some of the audience and their rudeness. Mr. Willey asked for respect and quoted Dr. Bain by saying, "I do not agree with what you say but will fight for your right to say it."

The President of the Council stated that the Town also has a new Zoning Ordinance, which provides strict guidelines for any kind of growth. He stated that the Council has rejected at least three projects in the last few months. He asked if it is fair to change rules for applications already in place. Mr. Willey expressed his doubt on being able to accomplish everything in a three-month time, especially if the Comprehensive Plan has to be changed. He said that he is not a proponent of the moratorium but because it appears inevitable, he will work as hard to see that the process receives full attention.

The President of the Council asked Mr. Hamilton, the Town Planner to invite the Planning and Zoning Commission for a workshop on September 30, Thursday night at 6:30 P.M. to start talking and getting the questions in line. Mr. Willey stated that they need to look at the help that is available. Mr. Willey stated that Ordinance 390, the moratorium is in effect with him voting no but with three in favor of the moratorium and two voting against it following a roll call vote.

The Town Attorney stated that the Ordinance is not in effect until twenty days after the Mayor signs it.

The President of the Council brought a letter to the floor from the Executive Director of EBMA regarding their proposal to develop and administer a town-wide unbiased survey pertaining to the "big box." The President of the Council stated that Ms. Hager had been asked to hold off on that until the workshop on Thursday evening.

The President of the Council stated that several pieces of correspondence related to the Easton Club PUD Amendment had been included in the Council packets, one of which was from the Town Engineer. The President of the Council asked for a consensus from the Council.

The Town Attorney stated that he would be happy to answer any questions but he had no specific comments or recommendations.

The President of the Council asked for comments.

The Town Engineer commented on the supplementary traffic report, which had been submitted during the previous Council meeting. He stated that he looked at that report and had some conversation with the traffic consultant that the Town uses in matters like these. Mr. Glass reported that the information contained seems to be reasonable. He stated that the roads in fact will carry the volumes of traffic that would be generated. Mr. Glass stated that even though the traffic report indicates that physically, the road system and travel movements within Easton Club will work and function, he thinks it is important to point out that the existing analysis typically used for a residential neighborhood with narrow streets such as Easton Club, generally suggest that the volume of traffic would be much lower than the worse case scenario as presented in the traffic analysis last week. In addition, Mr. Glass stated that the proposed construction within the PUD amendment area will create a considerable number of dwelling units in an area that is remote from the current Easton Club exit points to Oxford Road. He stated that this will require all traffic in the proposed development area to travel through the existing Easton Club roadways at volumes which are higher than those outlined in the Town of Easton Subdivision Regulations. Mr. Glass went on to say that the intersections within the Easton Club should handle peak hour traffic volumes as indicated in Mr. Morris’ report and the existing roadways should safely handle the average daily trip volume. Mr. Glass pointed out in his memo that prudent traffic design relative to this PUD amendment would, in his view, include an additional entrance/exit point to the subdivision or be based on a reduced volume of traffic as generated by the new development. He also noted that a review of the Clubhouse Drive and Oxford Road intersection using proposed worst case peak hour volumes, indicates that a signal warrant study may be required at some point in the future.

Mr. Glass asked for questions.

The Town Attorney stated that the ability of a local government to change a zoning classification is extremely limited to a very narrow set of circumstances under most conditions and Easton under its Zoning Ordinance and the provisions of the Zoning Ordinance creating the Planned Unit Development regulations in the first place, said as it has the power to do under Maryland Law, that the so called change mistake rule does not apply to the PUD applications. Mr. Kehoe stated, that instead there are a series of criteria set forth in the Zoning Ordinance with regard to PUD applications and procedures and those have to do with traffic hazards, environmental considerations, compatibility with the neighborhood and impact on values of surrounding properties.

The President of the Council asked for a consensus from the Council on the application of Relp Limited partnership for an amendment to the Easton club PUD to eliminate 17 single family lots and add The Masters Village Condominiums, a 176 unit project involving a 22 multi-family buildings.

Mr. Ford stated that the PUD provides for a review of an overall master plan of development, an intention being that a well-coordinated and thoroughly reviewed site plan will be the result. Mr. Ford stated that it is true that the overall density of Easton Club is quite low but the density proposed within the section of the Easton Club under consideration is ten times what was proposed in the original PUD application. He stated that he believes that the developer of the Easton Club to date have created a quality project and a first rate and vital addition to Easton and a community within the development. Mr. Ford stated that the developers have a responsibility to the members of the community they created and have to include their inputs and concerns for any changes they propose for Easton Club which is something he does not feel has been adequately done. Therefore, Mr. Ford stated that he does not support an amendment to the PUD.

Mr. Mayer displayed a map and explained that this last enclave of this property is a gorgeous opportunity to finish off this project. Mr. Mayer stated that this overuse of property is not what they thought was going to be done originally. He stated that this goes against what was originally planned.

Mr. Reed stated that he agreed with Mr. Ford and Mr. Mayer and their comments. He stated that he thought that the developer was proposing to put too many residents in a small area. Mr. Reed stated that he cannot recommend approval of the PUD with the traffic situation and the environmental concerns. Mr. Reed stated that there are too many questions left unanswered.

Mr. Heinmuller stated that the correspondence related to The Master’s Village was heavy as well as the testimony. Mr. Heinmuller stated that Mr. Rauch and Rock’s have put together an excellent development and have created something for the Town of Easton. He stated that he knew change would occur and many of those changes had been approved. Mr. Heinmuller stated that The Master’s Village development is a change that would create a traffic problem and impacts the rest of the development. Mr. Heinmuller stated that he would not support the application.

The Town Attorney stated that he would take the comments made by the Council, go through the evidence and prepare detailed Findings of Fact for review and if agreeable, sign and bring a formal conclusion to this matter.

At 8:45 P.M., the President of the Council recessed the meeting for ten minutes.

At 8:53 P.M., the President of the Council called the meeting back to order and opened the Public Hearing on the proposed Water and Waste Water Rate Revision.

Mr. Mark Heckler was present on behalf of Easton Utilities Commission. He stated that he is the Business Manager at Easton Utilities and is here this evening to review and discuss their proposed increase to water and waste water charges. Mr. Heckler stated that this is the first time they have been in front of this body since 1996. Mr. Heckler stated that unequivocally, there is no relationship between this proposed increase and the Utilities Consolidated Office Building construction. He stated that there are no expenses that appear in any of the exhibits related to the COB. Mr. Heckler stated that the request stands on its own and is based on the traditional rate making approach; develop the rate base, multiply that rate base by an appropriate rate of return or bonded debt, add to that the presumed operating expenses which gets them to their revenue requirements. Mr. Heckler stated that they are requesting an additional $155,000, approximately in an overall operating revenue which is an 8.6% requested increase. Mr. Heckler stated that to accomplish that, they have increased both water and waste water rates and charges to an average of 8.9%. He stated that a whole host of quality related regulations which continue to exert upper pressure on the cost to produce water and treat waste water with no signs of that abating in the near future. Mr. Heckler stated that the proposed increase would cost the average residential user about $2.00 per month in additional fees with EUC rates still being significantly lower than every other municipality and small town in the region as well as the national survey number.

Mr. Heckler exhibited and detailed overhead displays, which had been included in the Council’s packet for review.

Mr. Heckler thanked Mr. Jerry Adams for his help with the presentation. He asked for questions from the Council and audience.

Ms. Libby Dawkins, 11 Thoroughgood Lane, stated that she does not dispute any of this. Ms. Dawkins stated that there are wonderful improvements that we need to incorporate into our wastewater system and hopefully, Easton will continue to lead the way. She stated that she had one item for thought and that is the fact that the sewage charge is directly connected to how much water you use. She stated that she felt that this is unfair to people that want to water their garden, their trees, wash their porch or wash their car. She stated that a bigger point is that water used for trees and plants is absorbed through the trees and helps us to have cleaner air and a cooler climate. Ms. Dawkins asked if the cost associated with the homeowner could be adjusted. She asked that the Town hire an arborist or horticulturist. She stated that the water that goes into the soil does not cost the water treatment facility a penny.

Mr. Hugh Grunden, General Manager of Easton Utilities, stated that Ms. Dawkins made a couple of good points. He stated that EUC does offer their customers the opportunity to establish a separate service that is metered separately and does not receive the wastewater component of the bill. He stated that typically, those customers are those that have established yard irrigation systems, etc. Mr. Grunden stated that with respect to technology, Easton has an award winning wastewater facility with respect to its design and innovation. Mr. Grunden stated that they are about to re-initiate a facilities planning process as they go forward and look at capacity and the performance of the plant. Mr. Grunden stated that what the facilities plan does is that it is an opportunity to canvas available technologies and establish what it would cost per gallon to employ different technologies.

Ms. Dawkins questioned the cost for a person to have the separate billing system.

Mr. Jerry Adams, Manager of the Easton Utilities Water and Wastewater Department, stated that you have to pay a water capital charge of $675 a $25 water connection fee and $400 construction fee to implement the meter.

Ms. Dawkins questioned how many in the Town of Easton can afford these charges. She stated that for many on limited incomes, this service is cost prohibitive.

At 9:15 P.M., the President of the Council closed the public hearing on the proposed water and waste water rate revision request. The President of the Council stated that the record would be left open for a week for comments.

Mr. Bob Wicker was present on behalf of the Easton Volunteer Fire Department. He stated that he had no report at this time.

The President of the Council stated that a memo was in the Council’s packet regarding the acceptance of a grant. Mr. Willey asked if there was a time frame on when the grant had to be accepted. The Town Engineer urged the Council to move forward if there were any plans to develop this area. Mr. Glass stated that he has a project kick off meeting with the State Highway Administration on Friday of this week. He stated that this meeting simply establishes some guidelines if the project moves forward. Mr. Glass stated that he thought that the next thing to do would be to set up a meeting for public input. Mr. Glass outlined the options for extension of the rails-to-trails.

The President of the Council set the rails-to-trails preliminary proposal presentation for October 4. He invited all concerned that wanted more information to attend. Mr. Willey stated that this is just a presentation, not a public hearing.

Mr. Heinmuller thanked Mr. Glass for the chance to obtain state funds for the continuation of the trail.

The President of the Council stated that in the packet from the Town Attorney was a letter regarding growth allocation procedures.

The Town Attorney stated that the memorandum enclosed is the result of a meeting held in August by the legal and planning staffs of the Town and County to discuss the practical impact that the County’s new growth allocation award policy for municipalities will have on the Town of Easton. The Town Attorney stated that they came up with a series of suggestions most of, which are fairly obvious. He stated that the only issue that is of any real controversy is a proposal to limit the time frame that the County would have to approve an amendment to a growth allocation application to five years after the time period the allocation is awarded. The Town Attorney stated that if this meets with the Council’s approval, he will prepared the necessary legislation to put it into effect from the Town’s point of view.

The consensus of the Council was for to have the Town Attorney prepare the necessary legislation.

The President of the Council asked if Mr. Jeff Martin was present to discuss his concerns. He was not.

Mr. Mayer made a motion to approve Invoices totaling $419,500.00, seconded by Mr. Ford and carried.

Mayor Butler thanked all the departments of the Town for their efforts during the storm. He stated that Floyd put a lot of water in our Town and we were very lucky.

Mr. Mayer thanked Mayor Butler for looking at the rental housing needs for the community again.

Captain Spencer extended thanks to all the volunteers and support received from the community and residents during the hurricane. Capt. Spencer reported that there was no disruption in service or injuries. He reported that the preliminary costs estimates were approximately $6,000 as a result of the hurricane.

Capt. Spencer stated that he was pleased to announce that the Department will be receiving an award from the Governor’s office for their annual Crime Prevention and Community Policing efforts. He stated that they are being awarded for their Form 90 Program, which is designed to educate the public about the dangers of leaving their properties in their car and the theft of the cars.

Capt. Spencer stated that he would like the Council to consider crosswalks at Port Street and Washington Street where they have received numerous complaints of pedestrian traffic. He asked for approval for two crosswalks, one across Port Street and second from the northwest corner of Port Street across Washington Street.

Mr. Heinmuller made a motion to approve Capt. Spencer’s request for crosswalks, seconded by Mr. Mayer and carried. Capt. Spencer stated that the request was generated by Sgt. Wright who is the Community Outreach supervisor. Capt. Spencer stated that he thought Sgt. Wright had been in touch with the Neighborhood Associations before requesting the crosswalks.

Capt. Spencer stated that he had a request for consideration for the First Annual Make A Difference Day which is scheduled for Saturday, October 23. He stated that the request is to block West Street from Port to Glenwood from 7:30 A.M. to 12:30 P.M. Capt. Spencer stated that several groups will be getting together and painting a mural on the building located between Blake Street and Port Street and will unveil it on that day. He stated the request has Department support. Mr. Heinmuller made a motion to approve the request seconded by Mr. Mayer and carried.

Capt. Spencer stated that he had a request from Trinity Cathedral. He stated that they are asking support for a Crop Walk, which is a one-day mission project to raise money for needy people in our community. He stated that the proceeds from that will be distributed in the Town and County. Capt. Spencer stated that the five-mile walk is scheduled for October 24 between 2:00 P.M. and 5:00 P.M. The walk will start at the Church on N. Washington Street, down Aurora Street and circling around the high school. They are anticipating 300 walkers but the Department does not foresee any problems.

Mr. Mayer made a motion to approve the Trinity Cathedral’s walk, seconded by Mr. Ford and carried.

The Town Engineer stated that the Town of Easton had received considerable rainfall during Hurricane Floyd. Mr. Glass pointed out that the town faired well considering the amount of rain. He stated that one of the problems incurred was the intensity of the rainfall with localized flooding. Mr. Glass stated that with some of the comments tonight regarding growth, some of the storm drains around Town should be evaluated as far as capacity goes.

Mr. Glass reported that on the Utilities side, a crew had been dispatched to the Cecil County area to help with some problems Conectiv was having. The crew spent Saturday and Sunday on a 24-hour on call basis to help their crews.

Mr. Glass reported that Easton Utilities had some scattered outages with minor duration. He stated that everyone was very fortunate with the amount of damage sustained.

The Town Engineer reminded everyone about the meeting regarding Dover Road with State Highway Administration tomorrow evening at the Town office to explain the tentative plans to reconstruct the street cross section between East End Liquors and US Route 50.

On the Utilities side, Mr. Glass explained the cable changes related to the Fox network.

Mr. Glass echoed the General Manager’s comments related to Mr. Goetz’s allegations regarding the wastewater facility. He stated that awards had been received and they comply with discharge limitations. Mr. Glass stated that they do have capacity to serve customers as the community develops.

Mr. Glass stated that he has the environmental assessment report for Dover Bridge if anyone wants to look at it.

Mr. Glass stated that the tape to put the crosswalks in as requested earlier this evening is quite expensive. He suggested painting with some reflectors to see how they work out. The President of the Council stated that there should be no problem with that.

Mr. Glass stated that in regards to some allegations concerning development and traffic in the Town, they are in conversations with some traffic consultants and developing preliminary work scopes to establish long term growth designs for the northern part of Town, specifically, the Parkway, US Route 50 and some access roads. He stated that they are looking at some development plans for US Route 50 corridor through Easton.

The Town Attorney stated that he had an opportunity to be in Town Thursday and he saw numerous town employees that should be commended for their work during the storm.

The President of the Council reviewed the Council’s upcoming calendar.

The Town Clerk was instructed to accumulate the comments and questions from the Council regarding the moratorium.

The Council echoed comments to the Easton Utilities Commission, the Public Works Department and the Easton Police Department for a job well done during Hurricane Floyd.

Ms. Carolyn Jaffe stated that she is with East End, HotSpot and Talbot Coalition, which she stated is behind Talbot Make A Difference Day. She stated that they are focusing attention on the volunteers during that celebration.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the meeting was adjourned at 9:53 P.M.

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Town Clerk