November 1, 1999

The Town Council of the Town of Easton met today at 7:00 PM. 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, Chief Harvey, Town Planner Mr. Hamilton and Town Attorney Christopher Kehoe.

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

Upon motion by Mr. Mayer, seconded by Mr. Heinmuller, the minutes of the October 18 meeting was approved as written.

The Town Attorney stated that he had a proposed correction to the minutes of the July 12 meeting that has to do with the introduction of the annexation petition for the Foster petition for annexation. He stated that it was his understanding that the Resolution for annexation be introduced but the minutes of that meeting do not clearly reflect that. Mr. Mayer moved the addition to the correction of the minutes of July 12, seconded by Mr. Reed and carried unanimously.

Mayor Butler read a Resolution presented to the Town of Easton from the Maryland Municipal League, which had their Fall Legislative Conference in Easton this past week. The Mayor stated that the town opened itself up and there were many good comments about the Conference and the Town of Easton.

Mr. Mayer read a Proclamation on behalf of Mayor Butler proclaiming November 8, 1999 as Community Regional Planning Day in the Town of Easton in conjunction with World Town Planning Day.

The President of the Council brought Resolution No. 5678 authorizing the Town Clerk to abate and/or refund taxes due totaling $7,557.90 to the floor. Mr. Mayer made a motion to approve Resolution No. 5678, seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought a letter from Bruce C. Armistead, Esq., regarding the zoning reclassification of a portion of the property of Charles R. Lyons, Jr., and et. al. to the floor. The President of the Council referred the rezoning classification request to the Planning and Zoning Commission for a recommendation.

The President of the Council brought a memo from the Town Attorney regarding the Easton Club Findings of Fact to the floor. The Town Attorney stated that he has incorporated the change Mr. Reed brought to his attention to the Findings of Fact.

Mr. Reed made a motion to approve the Findings of Fact for the Easton Club, seconded by Mr. Mayer and carried unanimously following a roll call vote with Mr. Willey abstaining. Mr. Willey stated that this is denying the application as submitted.

The President of the Council stated that in the Council’s packet was a letter from Ms. Veda Gibson stating that she will not be able to serve another term on the Easton Housing Authority. Mr. Mayer moved acceptance with regrets, seconded by Mr. Reed.

The President of the Council stated that a letter had been received from the Mayor regarding the appointment of Mr. Bill Stagg to the Historic District Commission. Mr. Mayer made a motion, seconded by Mr. Ford to approve the appointment of Mr. Bill Stagg to serve on the Historic District Commission. The motion was approved unanimously.

The President of the Council brought Resolution No. 5679, "A RESOLUTION OF THE TOWN OF EASTON AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE STATE OF MARYLAND FOR A GRANT TO ACQUIRE LAND AND CONSTRUCT 12 NEW HOMES FOR LOW AND MODERATE INCOME PERSONS" to the floor.

Mr. Heinmuller moved Resolution No. 5679 for passage, seconded by Mr. Reed and carried unanimously following a roll call vote.

There was no report from the Fire Department at this time.

Mayor Butler thanked everyone in town for the team effort expended during the Maryland Municipal League Legislative Conference.

Mr. Ford expressed special thanks to Mr. Rich Warfield for his efforts during the MML Convention.

Mr. Mayer stated that he heard from many people that the Fall Convention was the most successful one in years. He stated that it was highly attended with good speakers.

Mayor Butler stated that Maureen Scott-Taylor should also be thanked for heading up the Conference committee. He stated that the business people also should be commended for staying open Thursday night for shoppers.

Chief Harvey stated that he had received requests for vendors for the Waterfowl Festival. He stated that they had requested restricted parking for their events. He stated that they are prepared to assist in any way necessary.

Mr. Mayer moved to allow the Chief to use his discretion to accommodate the necessary changes in parking during the Waterfowl Festival, seconded by Mr. Reed and carried unanimously.

The Chief of Police stated that the Festival of the Trees has requested parking as accomplished last year for moving their attractions in and out. He stated that he saw no problem. Mr. Mayer made a motion, seconded by Mr. Reed and carried unanimously for the Chief to use his discretion in allowing parking waivers for the Festival of the Trees workers.

The Chief stated that Halloween was quiet.

At 7:15 P.M., the President of the Council opened the Public Hearing on the petition of Arthur L. Foster and Ann E. Foster to annex 12.828 acres lying contiguous to the existing boundaries of the Town of Easton, south of Chapel Road.

The President of the Council reviewed the procedure for the public hearing.

The Town Planner stated that the Planning and Zoning Commission had reviewed the application forwarded to them for annexation. The Town Planner pointed out the property proposed to be annexed. He stated that they are requesting annexation and re-zoning of a CL zoning district. Mr. Hamilton stated that the Comprehensive Plan calls for that to be residential. Mr. Hamilton stated that the Planning Commission recommended approval of the annexation and also recommended that the CL zoning be applied to the property. The Town Planner stated that he felt that it does not comply with the Town of Easton’s Comprehensive Plan and stated that he does not recommend the Council approve that. He stated that he did recommend annexation but that it should come in as R-10A residential.

The Town Attorney referred to his memorandum and an analysis of some of the legal issues that the Council confronts with this application. He stated that he is not making a recommendation on how the property should be zoned.

The President of the Council asked for questions for the Town Planner.

John Murray, Esquire, was present on behalf of the applicant. He stated that United Trust Fund is the contract purchaser, which he may refer to as UTF. Mr. Murray introduced Mr. Howard Crossen, the Vice President and Director of Development and construction for United Trust Fund. Mr. Murray introduced Mr. Foster and Mr. Tom David from McCrone.

Mr. Murray stated that the Planning and Zoning Commission concluded that the property should be annexed and it should come in as CL zoning. He stated that the petition for annexation had been filed in June. He stated that a lot of things have happened since that time, an amendment to the Zoning Ordinance as well as a big box moratorium. Mr. Murray stated that UTF has pending an application for a big box, specifically Lowe’s on the adjacent Gannon property lying south of the proposed property. He stated that the developer proposes a bank located close to Route 50 but not on the Foster property and a grocery store on the Foster property, all to be separate parcels, owned by their users probably but developed in an integrated way. He stated that the Foster property needs to come into Town to make this plan work as it is intended to work. Mr. Murray stated that UTF wants this property to be annexed but with the desire to develop in accordance with UTF’s plan as previously described. He stated that UTF is prepared to accept the uncertainties of project approval but they do not want to have the property annexed if it doesn’t have the CL zoning or if it can not do something substantially similar as described here tonight. Mr. Murray stated that he believes the site is a good site for a potential grocery store with the nearby residential development.

Mr. Murray encouraged the Council’s favorable decision. Mr. Murray stated that he had distributed a letter of support from the Gannon’s which own adjoining CL property. Mr. Murray stated that UTF has agreed to pay the costs related to this proceeding, the Town’s requirements as related to streets, sidewalks, lighting, curbs, gutters, stormwater management and the extension of all utilities. He stated that UTF is not asking for any special considerations or tax abatements.

Mr. Murray stated that the Foster annexation would allow retail development to occur in a way connecting the two areas of CL zoning without having some less logical other use sitting in between. He stated that the plan could be done in an integrated way.

Mr. Murray stated that members of the application team are present tonight to respond to any questions.

Mr. Reed questioned the size of the grocery store. Mr. Murray stated that he was not sure that definite plans had been reached but he thought the plans were approximately 55,000 square feet. Mr. Reed questioned how the plan would cut down on vehicular traffic. Mr. Murray discussed possible access plans for bicycles and sidewalks for pedestrian traffic.

Mr. Reed questioned if the Fosters had any ideas for future development. Mr. Murray stated that there had been discussions at the Planning Commission’s meetings. He stated that Mr. Foster is willing to bring the remainder of the property into the Town but has no immediate plans for development. Mr. Reed stated that piecemeal development seems to present problems.

Mr. Heinmuller questioned if UTF would access off of Route 50 other than Chapel Road. Mr. Murray replied yes.

Mr. Tom Davis, McCrone Engineering stated that the property that UTF has under contract fronts on Route 50 and does have access at the median break.

Mr. Mayer questioned how much improvements will the developer be willing to do on Chapel Road. Mr. Murray replied a fair and reasonable amount.

Mr. Ford stated that Mr. Murray had mentioned that the parcel that is being proposed for annexation is referred to a growth area in the County’s Comprehensive Plan. Mr. Ford stated that growth areas in the County’s Comprehensive Plan by definition include at least potentially commercial retail. Mr. Murray stated that yes, it is explicit. He stated that the County Comprehensive Plan it its treatment of growth areas around the towns basically mapped some areas they thought would be appropriate and this is one of those areas. Mr. Murray stated that in the text accompanying the map there are several pages of comments some of which state that as the town develops, the growth areas available for moderate to heavy density residential, commercial and light industrial. Mr. Murray explained that the County’s Comprehensive Plan was not specific about this parcel.

Mr. Hamilton reiterated that the county’s zoning on that parcel is consistent with our R-10A zoning.

Mr. Tom Alspach, 295 Bay Street & 4736 Sailors Creek Road stated that he was not sure how the Planning Commission was persuaded to vote for the approval for the project which is in conflict with their Comprehensive Plan but he hopes that the Council does not follow that recommendation. He questioned how many grocery stores are enough for a community of 12,000 to 14,000 people. Mr. Alspach urged the Council to deny this application.

Mr. Bill Farberman, Waverly Road, stated that he agreed with the previous speaker. He questioned how much retail space is needed for 12,000 to 15, 000 people. He stated that there are now five major grocery stores. He stated that there will be a problem of empty retail space if one of the stores decides to pull out and occupy this new location. He asked the Council to disapprove the application.

Mr. Rod Schwarm, 135 Chapel Road urged the Council to vote against rezoning the property to commercial. He stated that if it is annexed into the town, it should be as residential property. He stated that this area could support more development that is residential. Mr. Schwarm stated that the re-zoning of the nearby properties to commercial would cause more traffic problems in the Chapel Road area. He urged the Council to vote against re-zoning.

Mr. Howard Crossen, United Trust Fund, stated he would like to answer some questions. He stated that as he understands it, approval has been given for improvements to Chapel Road as well as commercial development on the Gannon property. He stated that UTF is happy to be a part of that. He stated that growth has to occur on the east side of Easton due to the high property values and environmental problems on the west side. He stated that growth has to occur towards the Denton market. He stated that he can not see the economic feasibility of this parcel being kept residential. Mr. Crossen stated that eventually, these commercial properties will be developed. He stated that the Zoning Ordinance is a quality ordinance that can create a quality project. He urged the Council to annex the property and re-zone it CL.

Mr. Kehoe, the Town Attorney, brought to the Council’s attention the memo he had submitted regarding the possibility of annexing and re-zoning of the parcel, being in compliance with the County’s Comprehensive Plan. He stated that the procedure would be subject to an effective veto for five years by the County Council if not complying with the County’s Comprehensive Plan. He stated that he is not making any recommendation but he suggested deferring acting on the annexation petition until we can obtain the advice of the County Council as to how they wish to proceed. The Town Attorney stated that either at the next meeting or at meeting thereafter, there will be a consensus on how the Council wants to proceed on this. At this time, the Town Attorney’s office can draft the appropriate legislation and write the County Council. The Town Attorney discussed decisions from the Appellate Court. The Town Attorney stated that there is an issue in his mind on how the County Council would look at the re-zoning. He stated that the state’s statute that is quoted in his memorandum is quite clear that the town cannot zone a property, to allow uses that are contrary to the county’s comprehensive plan or general plan.

Mr. Murray stated that they acknowledge that this is an issue that they need to work through but he has a reasonable degree of confidence that when and if the Council is ready to do that, he believes he can get the County Council to respond. He stated that for purposes of this analysis, it’s consistent with the County’s Comprehensive Plan.

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

At 7:56 P.M., the President of the Council closed the Public Hearing. He instructed the Council to seek Mr. Kehoe’s guidance for any clarification on his memo enclosed regarding the annexation and re-zoning petition.

The Town Engineer stated that the Public Works Department is starting its annual leaf pick up. He stated that the schedule would coincide with the trash collection schedule. The Town Attorney encouraged the residents to utilize that service to get the leaves behind the curb and not in the gutter.

The Town Engineer recapped construction activity in the area of South Lane between Aurora and Higgins Street. He stated that in the works right now is Hanson Street, between Brookletts and Earle Avenue. The Town Engineer expects this work to be complete in approximately six weeks.

The Town Engineer stated that in preparation of the Waterfowl Festival, they will be trying to get jobs completed. He encouraged the Council to call if there was an area that needed their attention.

On the Utilities side, the Town Engineer reported that an informational meeting had been held last Thursday evening hosted by the Maryland Department of the Environment to go over some factual information in regards to the Easton Wastewater Treatment Facility. He thanked those who attended and stated that anyone with any questions could contact him or Mr. Jerry Adams at Easton Utilities.

Mr. Heinmuller asked Mr. Glass to thank the Public Works Department for their rapid attention to the Hanson Street construction.

Mr. Mayer asked that the bike walk near the Country School be looked at for the possibility of re-striping.

Mr. Reed asked that the Town Engineer look at the Erickson/Route 50 turn-a-round.

At 8:00 P.M., the President of the Council opened the Public Hearing on the request of Dr. David Hill, Idlewild Associates, for an Amendment to the William Hill Manor CM site plan to construct a 4,100 square foot medical office building located on the west side of Cynwood Drive.

The Town Planner stated that this is an amendment to a CM application. He stated that the CM district is the William Hill Manor complex. Mr. Hamilton stated that this is the cul-de-sac at the end of Cynwood Drive. He stated that what is before the Council today is for a 4,100 square feet building to house doctor’s offices. Mr. Hamilton stated that the Planning Commission recommended in favor of the amendment with a three to one vote.

Mr. Tom Davis of McCrone stated that they believe the building is compatible with the neighborhood. He stated that this facility would be adjacent to the William Hill Manor.

Dr. David Hill stated that they are excited because at William Hill Manor they spend hours each day transporting patients back and forth to physicians offices. Dr. Hill stated that two of the physicians to relocate to this facility are geriatric physicians. He stated that what they want to do instead of having to transport patients which is inconvenient for the resident, they will be able to come right to the building. Dr. Hill stated that these doctors will basically be their medical director and be able to accommodate the residents right in the facility. He feels this will be a real plus for the residents at the assisted living facility.

Bruce C. Armistead, Esq., stated that he would like to add one comment. He stated that first of all, compared to most of the land use, this is about as plain vanilla as they come. He stated that as Dr. Hill and Mr. Davis have mentioned, the proposal is for an initial footprint of a structure of approximately 4,100 square foot but which could expand up to 6,000 square feet.

The President of the Council asked for questions. There were none.

Mr. Heinmuller questioned the 6,000 square feet footprint and the necessary parking. Mr. Davis stated that it is laid out with the tabulation of parking for 6,100 square feet building or 41 spaces.

The President of the Council asked for audience comments.

At 8:06 P.M., the President of the Council closed the Public Hearing on the request of Dr. David Hill, Idlewild Associates, for an Amendment to the William Hill Manor CM site plan to construct a 4,100 square feet medical office building.

The Town Attorney asked for an Executive Session for legal advice and public safety.

Mr. Ford stated that he had the pleasure along with Mr. Reed of attending the Growth Seminar at Chesapeake College this past Saturday. He stated that one of the main points that seemed to be shared is the need for a regional approach to planning. He stated that he will be getting minutes from that meeting which he will share with the Council.

Mr. Reed reiterated Mr. Ford’s comments regarding the Growth Seminar. He stated that being a new member on this Council, the seminar helped him get a bigger picture on where we should go and what we should do. He stated that the Town has to consider that anything that Easton does will affect the County and anything that the County does, affects Easton. Mr. Reed stated that as Easton expands commercially, especially with retail development, it will affect other Towns. He stated that they brought up the fact that you have to decide what kind of Town you want to be. He stated that if you intend to attract tourists, you have to trim retailing. He stated that there was a good mix of people there.

Mr. Heinmuller stated that the MCTV airing of the Big Box Seminar was very well done and he recommends it for viewing. Mr. Ford stated that it will be shown again next Monday.

Mr. Heinmuller stated that the Mayor’s Prayer Breakfast will be 8:00 A.M. Saturday, November 6.

The President of the Council reviewed the Council’s calendar. He stated that he will be unavailable November 5 through November 16.

The President of the Council brought a letter from the Easton Airport to the floor. He stated that the Easton Airport is preparing an environmental assessment for a construction removal project for runways projects 4-22 and 15-33. He stated that as part of this effort, they have to make determinations on some of the Delmarva Fox Squirrels since its habitat is ideally suited for that particular species. The President of the Council stated that the Airport will do some live trapping of squirrels on Mistletoe Hall, which is the Town’s property. Once the squirrels are identified, they will turn them loose back into the wild. He asked for the Council’s consensus.

Mr. Mayer made a motion to approve the live trappings, seconded by Mr. Reed and carried unanimously.

Mr. Ford stated that enclosed in the Council’s packet is an invitation from the West End Citizen’s Association to attend the meeting next Wednesday with the keynote speaker Mr. Ron Young, the Deputy Director of Maryland Office of Planning. He asked that a letter be sent thanking them for the invitation.

Mr. Mayer asked the Town Planner if the Planning and Zoning Commission had reviewed the ordinance on the boat and trailer situation yet. Mr. Hamilton stated that they did discuss it and asked the staff to draft some new language.

Mr. Mayer made a motion to go into Executive Session for legal counsel and to discuss safety issues. The motion was seconded by Mr. Ford and carried unanimously following a roll call vote.

At 8:55, Mr. Mayer made a motion to adjourn, seconded by Mr. Reed and carried unanimously.

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Town Clerk