November 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 Town Clerk, Mr. Karge, with the following members present: Mr. Ford, Mr. Mayer, Mr. Reed and Mr. Heinmuller. Also attending the meeting were the Mayor, the Town Engineer Mr. Glass, the Town Attorney Mr. Kehoe and the Town Planner Mr. Hamilton.

Due to the excused absence of Mr. Willey, the President of the Council, the Town Clerk asked for a nomination for Acting President of the Council. Mr. Ford made a motion to nominate Mr. Heinmuller, seconded by Mr. Mayer and carried unanimously.

Mr. Heinmuller, Acting President of the Council led those present in prayer and the Pledge of Allegiance.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, minutes of the November 1 meeting were approved as written.

Mr. John Yorkilous was present and briefed the Mayor and Council on the upcoming Christmas parade. He stated that this year will be bigger and better than years before. Mr. Yorkilous stated that the parade would be on Saturday this year and would commence at 6:30 P.M. He invited those present to attend.

The Acting President of the Council brought a memo to the floor from the Mayor asking for the Council’s favorable consideration for the appointment of Mr. Leon O. Sampson to the Easton Housing Authority. Mr. Mayer made a motion to approve Mr. Sampson’s appointment, seconded by Mr. Reed and carried unanimously.

The Acting President of the Council brought Resolution No. 5680 revising the meeting room rental rate revision at the Easton Volunteer Fire Department to the floor for approval. The Mayor stated that this would help the Fire Department and he encouraged approval. Mr. Mayer made a motion to pass Resolution No. 5680, seconded by Mr. Reed and carried unanimously following a roll call vote.

The Acting President of the Council asked if the Council was ready to give a consensus on the application of Argonaut Land Company, LLC for a 16 lot PUD residential subdivision. Mr. Ford asked for clarification on the matter regarding the rights of the road. Joseph Stephens, Esq. was present on behalf of Argonaut Land Company. He stated that part of the concern is that a portion of the road is a private road, which will be servicing this development. That portion is on property owned by the Wright family in trust. Mr. Stephens stated that since then, a letter of agreement has been worked out as well as a road maintenance agreement, which will be recorded among the land records. Mr. Stephens stated that he has also met with the Chief and addressed his concerns relating to the road. Mr. Stephens asked the Council for a consensus vote in favor or the PUD residential subdivision.

The Town Attorney stated that Mr. Drummond had telephoned his office today and stated that he had reviewed the agreement between Mr. Stephens’ client and members of the Wright family. Mr. Drummond relayed to Mr. Kehoe that the agreement resolved all of the issues with regard to the use of the road and taken that matter off the table as a concern. Mr. Kehoe stated that Mr. Drummond will suggest to the Council that the PUD be contingent upon the annexation documents.

Mr. Reed asked if there are plans for the additional 80 acres. Mr. Stephens stated that there are no plans for it and that they do not have a contract on the property. Mr. Reed questioned if it the land is zoned R-10A. Mr. Hamilton stated that it actually falls within two zones, critical area for the most part and A-1.

Mr. Heinmuller asked for Council questions. There were none.

Mr. Ford commended Argonaut on their involvement with citizens’ concerns and stated that he supported the application. Mr. Mayer, Mr. Reed, and Mr. Heinmuller agreed with Mr. Ford’s comments. Mr. Heinmuller asked that Mr. Kehoe pass the Council’s comments to Mr. Drummond.

At 7:15 P.M., Mr. Heinmuller opened the public hearing to receive comments on the northern extension of the rails-to-trails project. The Acting President of the Council reviewed the rules of the public hearing with a three-minute time limit.

The Town Engineer, Mr. Tim Glass briefed on the history and the proposal for the northern extension of the rails-to-trails project. Mr. Glass stated that funding is available from the Maryland Department of Transportation, Transportation Enhancement Program. He stated that the Council had given their consensus to explore and proceed with the funding application. Mr. Glass stated that the existing trail goes to Tanyard Branch. He stated that the plan calls for the trail to continue up the trail and utilize the RTC property in a northerly direction towards the North Easton Sports Complex. Mr. Glass stated that their staff had attended a kickoff meeting and met with the state officials to go over the next steps of this project. Mr. Glass reviewed the next process, which would include outside agencies’ participation and review. He stated that tonight’s hearing is to decide how to connect the southern trail to the next extension. Mr. Glass stated that the Town of Easton award was for $207,000 plus or minus .Mr. Glass stated that by extending the trail along the rail bed, the cost of the extension would be substantially lower than going through the RTC property. He urged the Council to make a decision as soon as possible in order to get started.

Mr. Ford questioned what requirements of the Town would be. Mr. Glass stated that the Town would have to match 50% which could comprise of some soft costs such as labor, equipment and a 20% contractor cash match award. Mr. Glass stated that roughly, $40,000 cash would have to be contributed by the Town.

The Acting President of the Council asked for audience comments. He asked that comments be held to three-minutes per person until everyone had the opportunity to speak.

Mr. Carl Chapman, President of the Chapel Farms Homeowner’s Association stated that he is present on behalf of that group this evening. Mr. Chapman stated that they are in favor of the trail continuing on the rail bed and connect to the North Easton Park. He stated that their concerns are primarily safety concerns. Mr. Chapman stated that there are more than 20 driveways on Laurel Street which people would be backing out of as well as the portion of Chapel Road to cross. He asked if the Council had given any thought to the completion of the Chapel Farms development as well as a hiking/biking trail on the RTC property.

Mr. David M. Stavely, 40 Mt. Pleasant Avenue, stated that he has two concerns regarding the project. He stated that he had built his home in 1964 for the peace and quiet. He stated that he feared that the rails-to-trails will take that quiet away. Mr. Stavely stated that his community concerns are related to the crime. Mr. Stavely stated that people will not use the trail. He stated that he does not want rails-to-trails within 50’ of his back yard.

Mr. Bill Uren, 127 S. Harrison Street, stated that he feels the trail should be continued directly up the rail to connect the parks. Mr. Uren stated that a lot of people use the trail and would like to have that part of the area opened. Mr. Uren stated that he was not aware of crime along the trail. He stated that for the safety of the kids, he felt that the trail should continue right up the rail to the park rather than taking the trail through the Chapel area.

Mr. Rod Schwarm, 135 Chapel Road stated that he is in favor of the rails-to-trails. He stated that he thinks it should continue down the railroad bed. Mr. Schwarm stated that he has two children that use the gravel trail now and he has no safety concerns with the rails-to-trails.

Ms. Marie Bradley, 400 August Street, stated that she is President of the East End Neighborhood Association and continually sees people using the present trail. She stated that the trail should continue along the railroad bed. Ms. Bradley stated that she is concerned with the children that ride their bike along Washington Street to get to the North Easton Sports Complex.

Mr. Jim Denny, 38 Mt. Pleasant Avenue, stated that he is in opposition of the rails-to-trails. He stated that he agrees that the trail should not go down Laurel Street. Mr. Denny stated that he did not see any need for the trail.

Ms. Carolyn Jaffe Street, 412 August Street, stated that she had used the trail yesterday with a number of very small children on bicycles and tricycle. Ms. Jaffe read a letter into the record from Mr. Bill Woolston, 18 Mt. Pleasant Avenue. Mr. Woolston stated his reasons for being in favor of completing the rails-to-trails path over the existing rail bed not across the field. Ms. Jaffe stated that she sees the trail used by children and as well as adults with impairments. She asked the Council’s consideration to finish the trail.

Mr. Gary Palion, Chapel Farm, stated that to consider the plan for the rails-to-trails through Chapel Farms would be a waste of time and resources. He stated that from the standpoint of resources, it is time to concentrate on plans that address the best way to develop the railway bed and leave Chapel Farms development for residential use.

Ms. Esther Busey, Laurel Street in Chapel Farms, stated that the railway tracks are historical and should be left alone. She stated that the railway tracks have a very solid bed. Ms. Busey stated that for the safety, costs and historical value the trail should be on the railway bed.

Ms. Ann Butler, 705 Howard Street stated that she walks the trail every morning with three other ladies. She stated that they find the trail very clean, very well kept, and stated that she supports the extension. She thanked the Council for the opportunity to address the Mayor and Council.

Ms. Kathy Jones, 36 Mt. Pleasant Street stated that she is here to oppose the rails-to-trails project. She stated that she is disappointed with the Town Engineer’s department with the presentation. Ms. Jones stated that she understood that the Town would apply for the funds and then decide if they wanted to extend the trail. She stated that as presented tonight, the Public Hearing is to decide which way the trail would be extended. Ms. Jones stated that she is opposed to the trail because she lives in a very successful and a working neighborhood. She stated that there is very little crime in her neighborhood. Ms. Jones stated that she has lived in that neighborhood for 21 years, there is very little crime due to their location, and the fact that there is very little foot traffic in their neighborhood. Ms. Jones stated that crime is a function of will and opportunity. She asked the Council to leave them alone and to consider the damage that might be done to a good place to live.

Mr. Don Kebbler, 319 August Street, stated that he has used the southern part of the trail often and the only crime he has seen is hopscotch games that were drawn by chalk by children using the park by Idlewild Park. He stated that his concerns are crossing at Dover and Goldsborough Street. Mr. Kebbler asked if lighting had been addressed. Mr. Heinmuller stated that lighting was not in the plans. He stated that he is in favor of the trail continuing along the rail bed.

Mr. John Plase, Chapel Farms stated that he wanted to reiterate what Carl Chapman said. He stated that the trail would run right behind his house on the rail bed, which he favors if it goes through at all. He stated that his house and car have been broken into so he is not sure what difference it would make to have a trail there or not. Mr. Plase stated that he thought it would be a good idea to have a trail in the Town of Easton and he is not particularly worried about the trail running right behind his house. He stated that if it goes anywhere, it should go right on the rail bed.

The Acting President of the Council asked for Council comments. Mr. Mayer questioned the proposed route that might go through the RTC property and the distance from the railway bed line. Mr. Glass stated that it is approximately 200 feet.

Mr. Heinmuller questioned Chief Harvey on the crime that occurs on the existing trail. Chief Harvey stated that other than a panhandler that had taken up residency, the biggest problem along the rails-to-trails is the Friday and Saturday night sweethearts.

Mr. Heinmuller questioned Mr. Glass about the trash in the vicinity of the rails-to-trails. Mr. Glass stated that they regularly cut the grass and water the trees. He stated that the park is taken care of like any other park in the Town. Mr. Glass stated that there is no more activity there than any other park.

Mr. Mayer suggested an on-site visit for members of the Council.

The Acting President of the Council stated that there is a letter received from Ms. Joyce Delaurentis with her commentary on the rails-to-trails which he would like to enter into the record.

Ms. Carolyn Jaffe asked for clarification on where you would enter the park if the trail was constructed through Laurel Street. Mr. Glass indicated where the trail would go if the Council chose to construct the trail through the RTC property. Mr. Glass discussed provisions that would have to be made.

At 8:02 P.M., the Acting President of the Council closed the Public hearing on the northern extension of the rails-to-trails project. Mr. Heinmuller stated that the Council would set a date to walk the trail options.

The Acting President of the Council asked for a consensus 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 on the west side of Cynwood Drive.

The Town Attorney discussed Dr. Hill’s request. He stated that the facts were well presented at the public hearing on this matter. Mr. Kehoe stated that he did not think there were any legal issues concerning the facts and that it is a decision the Council has to make whether or not it complies with the standards set forth in the ordinance. He stated that he would be happy to answer any questions.

The consensus of the Council was to approve the amendment to the William Hill Manor CM site plan.

The Acting President of the Council asked if there was a report from the Fire Department. There was not at this time.

Mayor Butler stated that today is National Recycling Day. He encouraged everyone in the Town and County to recycle as much as possible.

Mayor Butler stated that Alan Chance is back in the hospital. He asked those who choose to be screened as a bone marrow donor to attend the bone marrow screening this Sunday from 1:00 P.M. to 4:00 P.M. at Easton Fire Department.

Chief Harvey reported that the department had received a request from the Dickens Festival for police assistance in their seasonal 5K race and associated events Saturday, December 4 beginning at 8:00 A.M. He stated that he had met with them and recommended approval. Mr. Mayer made a motion to approve the 5K race, seconded by Mr. Ford and carried unanimously.

Chief Harvey reported that the department had received a First Night’s Talbot New Years Eve agenda. He stated that they have spoken with their representative. Chief Harvey stated that their events will start at 6:00 P.M. and end with fireworks at the conclusion of the evening. Chief Harvey recommended approval. Mr. Mayer made a motion to approve First Night’s New Years Eve agenda, seconded by Mr. Ford and carried unanimously.

Chief Harvey reported that he had a request from the purchaser of a house located at 211 S. Harrison Street for relief of parking restrictions for one space due to construction at that address to allow for construction equipment and removal of debris. Mr. Reed made a motion to approve, seconded by Mr. Mayer and carried unanimously. Mr. Heinmuller instructed Chief Harvey to notify the owner of the property that approval had been granted.

Chief Harvey asked for an Executive Session for the advice of counsel.

The Town Engineer reminded the Council to schedule the Town of Easton Joint Annual meeting with Easton Utilities, which will be held at 5:30 P.M. at the Tidewater Inn on November 23.

The Town Engineer reported that progress is being made on construction at Hanson Street. He stated that paving would probably occur in the spring.

The Town Attorney asked for an Executive Session for advice of counsel.

Mr. Mayer stated that the Waterfowl Festival was again a great success and seemed to go along without a hitch. He stated that the Waterfowl Festival does a lot for this community. Mr. Heinmuller asked the Chief to pass along to his staff that everyone had done a tremendous job.

The Acting President of the Council reviewed important dates on the Council’s upcoming calendar.

The Acting President of the Council reminded those present that there is information on the web site that pertains to Town business.

At 8:17 P.M., Mr. Mayer made a motion to go into Executive Session, seconded by Mr. Ford and carried unanimously.

At 9:09 P.M., the Acting President of the Council adjourned the Executive Session.

The Acting President of the Council instructed the Town Clerk to arrange a field trip for the Council members to walk the proposed northern extension of the rails-to-trails.

At 9:10 P.M., it was unanimously carried to adjourn the meeting. The Acting President of the Council adjourned the regular session.

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Town Clerk