December 20, 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, and Mr. Reed. 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. Mayer. Mr. Mayer led those present in the Pledge of Allegiance.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried unanimously, the minutes of the December 6, 1999 meeting were approved.

Mr. Charles Smothers from the Blake-Blackston American Legion Post was present and thanked those who made it possible for the Color Guard Squad go to California for the National Color Guard Competition. Mr. Smothers then presented a plaque of appreciation to the Mayor and Town Council.

The President of the Council asked the Town Attorney Mr. Kehoe to review the options of the Arthur L. Foster and Anne E. Foster annexation.

Mr. Kehoe discussed the application that is pending for annexation; and upon annexation, zoning the property to commercial. A great deal of discussion has been heard during the annexation hearing as to whether or not that particular zoning would be in accordance with the Town’s Comprehensive Plan and The County’s Comprehensive Plan. Mr. Kehoe also stated that if someone is inclined to annex the property, they could zone at the commercial, as the applicants have requested, or apply a residential or agricultural zoning to it. Mr. and Mrs. Foster would then have the right under the annexation document to withdraw the annexation proposal. If it is decided that annexing the property and zoning it commercially is appropriate for the town at this time, Mr. Kehoe asks that a consensus be reached on it, and authorize that Mr. Kehoe or the Mayor could communicate that to the applicant. The reason is the County Council, under State Law would have the right to interpose an objection on the zoning classification, which would last for five years. Mr. Kehoe stated that the problem has occurred in the town in the past and the town had annexed a property commercially and the County Council at that time in effect, vetoed it or suspended the rezoning for five years. That led to a number of administration problems in regards to the town and in regards to the county as well as the property owners. The County Planning Officer Daniel Cohee has discussed this issue with the County Council in particular regard to this parcel that the town is considering at the time. The County Council advised Mr. Cohee that they will consider the issue if the Town Council decided to 1) annex the property 2) zone the property commercial. Therefore, if interests are in following the commercial route, a consensus should be reached. Although, the resolution should not be voted on because it would allow the Town Council to go to the County Council and find out what their position is on the matter. If it is voted on formally with a resolution and the ordinance for zoning it commercially, that will set a clock running to get everything taken care of; with the Christmas holidays, that may not be possible to accomplish it. Mr. Kehoe then asked the Council if that clarified the matter for them.

Mr. Willey confirmed if it is accepted as agricultural or residential, the Foster’s have the right to withdraw the application and it will go to the County for their approval.

Mr. Kehoe stated that he did not think there was much of a doubt that the County would find agricultural or residential classifications being consistent with their Comprehensive Plan. Mr. Kehoe also stated that he did not know that the County Council would find that a commercial classification is inconsistent, and arguments could be made either way. The County Council when presented with the issue by their County Planner said that they would like to defer consideration with that until such time as the Town of Easton has acted. If the Town thinks it is a commercial classification, then they would consider it.

Mr. Willey asked if there were any other questions for Mr. Kehoe.

Mr. Mayer asked if the Town brought in property R10A, which is what the County views this property with their Comprehensive Plan, then if the applicants decided to make it commercial, what would the requirements be.

Mr. Kehoe responded saying that if they would have to come back before the Council and try to convince the Council that the decision in December of 1999, granting the property as a residential classification was a mistake. It should have been zoned as commercial at this time. Mr. Kehoe believed that would have been a difficult task, although the County could still veto it.

Mr. Willey again asked for questions for Mr. Kehoe.

Mr. Reed stated that members of the County Council mentioned that they thought the annexation would be commercial. He also stated that he still feels that there should be plans for the rest of the Foster property. If not then there would be a piecemeal in one place, and further down the road, they are going to want rezoning done on the rest of their property. Mr. Reed also stated that he thinks everything should be done at one time, if they want to do more. If they do not want to do more, then the Town can move forward. However, he does not want to see piecemeal done, not knowing what their thoughts are. All that is known right now is that it is for a grocery store and a bank. Sizes are unknown for these buildings. The final decisions have not been completed on the big box size. There are a lot of things that need to have decisions made not knowing what the Fosters plans are down the road, and not knowing what the final big box size is going to be. It will be hard to tell if something will be commercial if you do not have the answer to that.

Mr. Heinmuller asked Mr. Kehoe if the Fosters were to make statements concerning future plans on other properties, what enforceability would the Town of Easton have on those statements.

Mr. Kehoe responded saying that it would all depend on the context of statements. A contract with Mr. and Mrs. Foster could be entered to limit, guide or control the development of the land outside the Town of Easton, if the Town chose to or if the Fosters chose to. Mr. Kehoe stated that he believed an agreement like that is very unusual, but would be held to be enforceable.

Mr. Ford stated that the Town Council rejected a petition for annexation for a variety of reasons in the not too distant past. The annexation was supported by the Comprehensive Plan and the zoning for the proposed parcel was also supportive of it. Mr. Ford also stated that he did not think for this particular petition, that the County Comprehensive Plan supports the CL zoning; it supports the annexation. Mr. Ford is relatively certain that the Town’s Comprehensive Plan does not either. He also believes that if the developer’s intent is to incorporate this annexed parcel into an existing CL parcel and build a shopping center; which is definitely not supported by the Comprehensive Plan. Mr. Ford stated that he could not support the CL zoning, although he does believe the Foster property should be incorporated with the town.

The Town Planner Tom Hamilton was present to state that the Comprehensive Plan do not designate R10A, R7A, it says residential.

Mr. Ford stated that he does support the annexation of the property, but he does not support the zoning that is requested.

Mr. Mayer stated that he also supports annexation with the residential zoning that is already there. He thinks that residential would be the way the property would be used in the first place. He agrees with the annexation, but it should be residential.

Mr. Reed stated that he also agrees with Mr. Ford and Mr. Mayer.

Mr. Heinmuller stated that he would support the annexation and support it as commercial. Mr. Heinmuller also stated that the commercial zoning is more consistent with the property in a overall point of view.

Mr. Willey stated that he thinks that property should be brought into the Town so the Town controls. Mr. Willey stated that he had to agree with Mr. Heinmuller, he also thinks of it more as a commercial center.

The consensus was three to two in favor of annexation, with residential zoning.

Resolution No. 5682 authorizing the Town Clerk to abate and/or refund taxes due totaling $20,366.80 was brought to the floor by the President. Resolution No. 5682 was moved for passage by Mr. Mayer, second by Mr. Ford and carried unanimously following a roll call vote.

Resolution No. 5683 "A RESOLUTION OF THE TOWN OF EASTON TO CHANGE THE NAME OF THE PUBLIC STREET TAXI-WAY LANE TO INFORMATION LANE," was brought to the floor by the President. Mr. Kehoe stated that it is the street on which the 3DI building is to be located. Mr. Kehoe also stated that 3DI has requested that the street be renamed Information Lane; they feel that it is more suitable for the image 3DI wishes to project. It also ties into 3DI’s corporate slogan. It is something that the Planning Department and Mr. Kehoe’s office has no objections to; the owner of the property, Mr. James Clark also supports it.

Mr. Mayer stated that he thought it would be a better name for a road because of the "high tech industry" that is being sought.

Resolution No. 5683 was moved for passage by Mr. Mayer, second by Mr. Reed and carried unanimously following a roll call vote.

Mr. Willey introduced a letter from Mr. Joseph A. Stevens, Esq. with a petition for annexation for 2.494 acres belonging to the Lee Haven Farm to be referred to Planning and Zoning Commission for recommendation. Mr. Willey also introduced a letter from Mr. William B. Stagg regarding the annexation application fees for the additional strip of land adjacent to Ratcliffe Manor.

Mr. Stagg was present to explain his letter in regards to the issue mentioned above. Mr. Stagg stated that he was asking the Council to defer the requirement to pay for the annexation for that strip of land until the end of the process. Also to defer any charges that would not spent, the minimum charge for annexation is $2,000.00. Mr. Stagg stated that for the first annexation the amount of $4,300.00 was spent for Ratcliffe. He stated that the advertising cost should be less because it is such a small piece of property. Mr. Stagg just wanted to defer the payment and base it only on the actual charge and nothing more this time.

Mr. Stagg discussed an oversight regarding the road half being in the Town’s jurisdiction and half in the County’s jurisdiction. It was not something that was hid during the process.

Mr. Kehoe also discussed the oversight of the road.

Mr. Kehoe discussed the issue of the road being partially outside Town jurisdiction.

Mr. Ford asked how would the cost of the town for annexation process be reduced because of the size of the parcel.

Mr. Kehoe responded saying that there would not be anywhere near the amount of review in terms of annexation documentation. All of that material has already been done and reproduced, in fact duplicated by Mr. Stevens in this matter. Mr. Kehoe stated that he has reviewed that material. Mr. Stagg’s point is well taken there would be somewhat of a reduction and at least review time by the Town Attorney’s Office. Perhaps a degree of reduction and time by Mr. Hamilton’s office as well.

Mr. Ford asked if the planning staff have a billable hourly fee that they charge or prepare to do based on the amount of time they spent on reviewing this. Mr. Ford stated as an example, when Mr. Stagg suggest the applicant should be billed for the cost of the town, the Town Attorney’s fees are based on the time spent. How is money for the planning staff and the Town Engineer’s staff calculated?

Mr. Kehoe responded to Mr. Ford’s question and stated that the planning staff is never calculated and added to that fee. The Town Engineer’s time is already paid for because he is paid for as the Town Engineer. Some review from the Utilities Commission is taken into account; then the Utilities Commission bill back to the town. Mr. Kehoe stated that he was not sure if any bill for annexation was ever received from the Utilities Commission for the previous annexation.

Mr. Ford stated that the $2,000.00 fee was initiated by the Town, not just to cover the billable hours, however, by the Town Attorney’s office; but by the planning staff. Mr. Ford also stated that the fee for the entire piece of property with exception of two acres turned out to be the same in terms of the flat rate plus the billable amount.

Mr. Stagg then stated that he would like to withdraw the request. He also stated that his company would be working with the town for a long time, and the $2,000.00 annexation deposit will be paid.

Resolution No. 5684 "A RESOLUTION TO ANNEX CERTAIN LANDS OWNED BY PHILEMON K. CROFT AND RANDELL D.B. CROFT CO-TRUSTEES TRUST U/W MARY LOCKWOOD HARDCASTTLE WRIGHT; AND LOUIS C. WRIGHT, TRUSTEE U/P P. KENNARD WRIGHT, JR. TO THE TOWN OF EASTON LOCATED ON THE SOUTHERLY SIDE OF MARYLAND ROUTE 33 AND CONSISTING OF 2.494 ACRES OF LAND, MORE OR LESS, AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE ANNEXATIONS," was introduced for First reading by the President.

Mr. Hugh Grunden, General Manager and Mr. Jim Silvius, Assistant General Manger, Easton Utilities were present to address the Council regarding the Y2K Readiness Plan. Mr. Grunden stated that he wanted to share the fact that Easton Utilities has been working very diligently over the past year to prepare facilities for anything that may be subjected to computer failure or some of the things everyone has been hearing about. Mr. Grunden also stated that there are possibly 35 to 40 employees who will be working New Year’s Eve at Easton Utilities. Easton Utilities will be open for normal business hours on Friday December 28, 1999. Switchboard will continue to be open through the evening hours, at least until 2:00am. A full contingent of stand-by crews, management, etc., will be at Easton Utilities. Mr. Grunden then opened the floor to the Council for any questions they may have.

Mr. Heinmuller asked Mr. Grunden if Easton Utilities would be on the grid on New Year’s Eve.

Mr. Grunden responded that Easton Utilities will be connected with the Pennsylvania, New Jersey, Maryland Bulk Power Pool. PJM, as it is known, has met the Nationwide Reliability Council requirements. Mr. Grunden also stated that there is really no anticipation of a problem, but Easton Utilities will be connected and if there is some sort of failure of the bulk power pool, it would be felt in Easton as well as all the surrounding areas. The greatest concern is being in the PJM. The time of 2:00am was chosen because they want to see the time change roll through the central time zone and get further out west. There is a fair amount of connection between the power pools and one could potentially pull the other down.

Mr. Willey asked if the grid does go down and we’ll have to go with it, would we be able to use the high-speed generators.

Mr. Grunden responded saying that if there is a failure of the grids being able to supply our energy, presuming that we buy our energy that night, we essentially do go down and implement what is called a "black start" procedure. The high-speed diesels very quickly to regain plant auxiliaries and what will happen is we will disconnect ourselves from the bulk power pool and virtually, it will look like an electric island. Within the island, there are two power stations, one downtown, and one out by the airport that are capable of supplying Easton’s load. Easton would operate as an island until the bulk power pool is again stable and then reconnect.

Mr. Heinmuller had one comment concerning Y2K. Mr. Heinmuller stated that one of the reports he is getting is there is a lot of cry for the individual who will develop the last computer virus of the century; as there is much competition as to the individual who will develop the first computer virus of the next century. Mr. Heinmuller advised those with computers at home to get online with the virus protection company that they are signed up with, download as much as you can in terms of protection and be very careful.

Mr. Willey asked Mr. Grunden if he would like to make any comments on the Headend Building.

Mr. Grunden stated that as indicated in the memorandum, Easton Utilities is preparing for "Electronic Easton." Mr. Grunden stated that they are now to the point of constructing the facilities that are going to be necessary to bring this project into being. One of the things that needs to be done is to modify the Headend Building. Basically change the Headend Building, and completely re-equip it.

Mr. Mayer asked what the goal is to be up and running with the fiber optic cable.

Mr. Bill Russell, Manager of the Easton Utilities cable department responded stating that they hope to begin construction probably around March or April, and be completed in six months.

Mr. Mayer then asked how soon would people be able to access the Internet through the television.

Mr. Russell stated that it is one of the things which will be in another phase.

Mr. Ford stated that he noticed that the Headend Building was on the Planning and Zoning Agenda. He asked if there was any comment available from the person(s) in that department.

Mr. Hamilton stated that due to the size and nature of the application, it was not required that the Planning Commission review it. However, questions were asked about the landscaping and appearance.

Mr. Kehoe stated that there was no form of resolution needed; but a motion approving of the proposed plans for the Headend Building would be useful.

Mr. Mayer motioned for the approval of the proposed plans for the Headend Building on Bay Street, seconded by Mr. Reed and carried.

Mr. Willey stated that there was a memo from Mayor Butler asking for approval of the re-appointment of Mrs. Peggy Pickall to the Easton Planning and Zoning Commission. Mr. Ford moved approval of the re-appointment of Mrs. Pickall, seconded by Mr. Mayer and carried.

Mr. Willey then stated that there was also a memo from The Town Engineer, Mr. Tim Glass designating Terrance K. Raleigh as the Code Enforcement Officer.

Upon motion by Mr. Mayer, second by Mr. Ford, and carried, the designation of Mr. Raleigh was approved.

Mr. Willey stated that Mr. Kehoe had sent a letter regarding the use of Thompson Park. Mr. Kehoe stated that he had sent a letter in his private capacity and that he believes it is a matter of courtesy to the business that are in the vicinity of Thompson Park. Mr. Kehoe’s concern was that during normal business hours, electronically amplified music and/or bands are not scheduled in Thompson Park until after business hours. Mr. Kehoe stated that during the 1999 Waterfowl Festival, there was electronic music in the park, which started around 10:00am. or 10:30am. Mr. Kehoe stated that because of the amplified music, it was difficult to get any work done in his office.

Mr. Willey suggested that this matter be taken to the Park Board.

Mr. Heinmuller stated that he did not believe Thompson Park was under the Park Board’s jurisdiction.

Mr. Mayer stated that he was on the Council when Thompson Park was given to the Town. One of the conditions the gift was for it to be used in a way that was very soothing, and in a tranquil way. Mr. Mayer stated that amplified music was not what the giver had intended.

Mr. Willey stated that he would like to know why Thompson Park is not under the Town Park Board’s jurisdiction.

Mr. Kehoe stated that he thinks Thompson Park is under the Park Board’s jurisdiction.

The President of the Council referred Mr. Kehoe’s letter to the Park Board.

The President of the Council brought a letter from Mr. Richard Edwards resigning from the Traffic and Parking Commission to the floor. Upon motion by Mr. Mayer, second by Mr. Heinmuller and carried, the resignation was accepted with regret.

Mr. Willey then introduced a letter from the Easton Traffic and Parking Commission with recommendations for the Council. He also stated that the Council would need more information as to where the loading zones are to be.

Mr. Kehoe stated that Mr. Glass who is a member of the Traffic and Parking Commission was better equipped to answer any questions properly.

Mr. Kehoe stated that the information should be in form of an ordinance or resolution with specific locations in the downtown where the commission would like to see the loading zones.

Mr. Glass stated that a recommendation would be brought forward.

The Council consensus was to approve a loading zone at 28 S. Harrison Street with the proper documentation to be drawn up.

The second item introduced from the letter from the Traffic and Parking Commission was whether to leave Hammond Street a ‘one-way" street instead of making it "two-way".

Mr. Willey stated that it would be agreeable with the Police Department to have Hammond Street as a "one-way" street.

Mr. Heinmuller stated that he questioned Hammond Street being a "one-way’ street. He stated that he had drove down Hammond Street and saw a sign that said "no outlet" as opposed to "one-way." Mr. Heinmuller wanted to know if there was a difference in traffic uniform signage between "no outlet" and " one-way?"

Mr. Grunden stated that as he recalled, Hammond Street could be progressed on to the south until you get to Floyd Lane, which is the first street to the right. That was why a "no outlet" sign was put there instead of a "one-way."

Upon motion by Mr. Mayer, second by Mr. Ford and carried, Hammond Street was left as it currently is.

Mr. Willey introduced a letter from Mr. Tim McNeal, Acting Secretary of the Easton Volunteer Fire Department asking the Council’s approval of the election of Chief Charles R. Chance, Jr. to a second term as Chief for the year 2000.

Upon Motion by Mr. Mayer, second by Mr. Reed and carried, the election of Charles R. Chance, Jr. as Chief of the Fire Department was approved.

Upon motion by Mr. Mayer, second by Mr. Heinmuller and carried, invoices in the amount of $126,832.59 were approved for payment.

Mr. Bob Wicker was present and stated that there was no report from the Fire Department. Mr. Wicker wished everyone present Happy Holidays, and thanked everyone for their input and suggestions over the past year.

Mayor Butler seconded the motion of Happy Holidays and thanked the Council and departments for a job well done over the past year.

Chief Harvey reported that the Police Department was currently in the Christmas Deployment. He also reported that on December 31, 1999, the entire department with the exception of the daylight shift would be on the clock in case of any problem that may occur due to the New Millennium coming. Chief Harvey also wished everyone a safe and Happy New Year.

Mr. Glass wished everyone warm wishes. He also reported that trash pick-up would be on a normal schedule this week and the following week. Trash will not be picked-up on Monday, January 3,2000. Monday’s pick-up will be on Tuesday; Tuesday is on Wednesday; and trash pick-up will resume its normal schedule on Thursday and Friday of the first week in January.

Mr. Kehoe echoed Holiday Greetings to everyone. He also stated that the Council received a memorandum that was not in the Council Packets regarding a recommendation that the Easton Planning and Zoning Commission made to the Council at the meeting held on December 16, 1999. The recommendation was that the Council consider adopting a limitation of 65,000-sq. ft. as the maximum size for new big box retail stores in Easton. Mr. Kehoe also stated that if the Council wishes to consider the matter so that it will be in effect more or less about the time that the existing Zoning Moratorium concludes, then it is necessary to accept it for first reading and instruct Mr. Hamilton and Mr. Kehoe himself to set it for a public hearing probably the first or second meeting in January.

Mr. Willey confirmed that the time is running near to the 90-day moratorium period; on his calendar, on February 9 there is a Public Hearing.

Mr. Kehoe stated that on February 9, it is a Public Hearing on an Amendment to the Town’s Comprehensive Plan. Under State Law, the Town is required to have a 60-day notice for a Comprehensive Plan Amendment, however, State Law only requires a 14-day notice to the Zoning Ordinance.

Mr. Willey introduced Ordinance No. 399, AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE EASTON ZONING ORDINANCE BY ADDING SECTION 608.2A.4.M TO IMPOSE A MAXIMUM SIZE LIMITATION OF 65,000 SQUARE FEET UPON ALL "BIG BOX RETAIL" STORES AND BY ADDING SECTION 803.5.C(10) TO PROVIDE THAT THE EASTON BOARD OF ZONING APPEALS SHALL NOT HAVE THE RIGHT TO GRANT A VARIANCE FROM THE 65,000 SQUARE FOOT SIZE LIMITATION, will be January 18 at 7:15pm. Mr. Willey then stated that the Town Council meeting nights will be on Tuesday, January 4^th due to the New Year’s Holiday and on January 18^th due to the Martin Luther King, Jr. national holiday on January 17^th.

Mr. Ford expressed his thanks to MCTV and the community for their involvement in the issues the Town has been facing recently. Mr. Ford also wished everyone Season’s Greetings.

Mr. Mayer stated that he felt more into the Christmas spirit this year because he felt he has had a better touch with the community this year. He stated that involvement has been heightened this year; and because of that, he has gotten to know some of the people in his Ward that he has never known. Knowing people helps to learn what the people are thinking and it helps to make a better community.

Mr. Reed stated that being a member of the Council, he has had lot to absorb in the past seven months. He also stated that he has enjoyed being a member of the Council because it has enabled him to meet many new people. It has been an experience and a challenge for him. Mr. Reed wished everyone a Happy Holidays.

Mr. Heinmuller gave a report of the meeting by the members of the 4^th Ward, held on December 13, 1999. The issue of the ‘Big Box Moratorium" was discussed. Mr. Heinmuller talked about how the Town of Easton has changed over the last 100 years.

Mr. Willey stated that there was another memorandum from Mayor Butler regarding the re-appointment of Mr. William Sharp to the Board of Zoning Appeals, Mrs. Jane Ward as the Alternate on the Board of Zoning Appeals and finally for the re-appointment of Ms. Carlene Phoenix to the Housing Authority.

Upon motion by Mr. Heinmuller, second by Mr. Mayer and carried, the appointments were approved.

Upon motion by Mr. Ford, second by Mr. Mayer and carried unanimously following roll call vote, the Town Council went into executive session at 8:18pm. to discuss real estate.

The Town Council returned to open session at 8:50pm.

Mr. Hamilton stated he received a letter regarding the Mulberry Mews residential subdivision with access from Route 50. The access was dedicated to the Town as the right of way, which is Mulberry Drive. Their problem is there is no place to put a sign to market the subdivision during the marketing process or for people to find the subdivision in the future. They want to put a marker in the right of way temporarily, and in the future replace it permanently with a better one.

Mr. Hamilton stated that Mr. Kehoe told him that the necessary procedure is for the town to grant a license to them.

Mr. Kehoe stated that he would like to see a picture of the sign, the appearance, size, location, etc.

Mr. Willey stated that the consensus of the Council was to go ahead with it.

There being no further business, upon motion by Mr. Mayer, second by Mr. Ford and carried, the meeting was adjourned at 8:54 pm.

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Town Clerk