January 4, 2000

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, 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. Ford and carried, minutes of the December 13 and December 20 meetings were approved as written.

The President of the Council brought Resolution No. 5686 authorizing the Town Clerk to abate and/or refund taxes totaling $6,449.50 to the floor. Mr. Mayer moved Resolution No. 5686 seconded by Mr. Ford and carried unanimously following a roll call vote.

The Town Planner stated that a letter had been submitted by Mr. Atwood as the Acting Chairman of the Planning and Zoning Commission regarding Planned Unit Development district application of Ruff Express, Inc. The Town Planner stated that the application was for a hotel on Brooks Drive. The Town Planner stated that the Planning Commission had sent a negative recommendation, as it is not compatible with the Comprehensive Plan. He asked the President of the Council to schedule a Public Hearing and determine if it is compatible with the Comprehensive Plan. The President of the Council set the Public Hearing for February 7 at 7:15 P.M.

The Town Planner stated that the second application is for 411 Needwood Avenue at the rail trails, the site of Jasper’s Creamery. The Town Planner stated that the property is in the redevelopment district and the proposed business for this site is a beauty shop, offices and possibly some residences. He stated that this is a PRD and requires a Public Hearing. The Town Planner stated that the Planning Commission had recommended approval of the application. The President of the Council set the Public Hearing for February 22 at 7:15 P.M.

The Town Planner stated that the third application is regarding the annexation request for the lands of Ms. Yvonne Hoffman et. al. The Town Planner stated that the Planning and Zoning Commission is forwarding the application with a positive recommendation for annexation. The President of the Council set the Public Hearing for March 6 at 7:15 P.M.

The President of the Council asked the Council for acceptance of the audit report for fiscal year 1998-99. Mr. Heinmuller moved acceptance, seconded by Mr. Mayer and carried unanimously.

Mr. Geoffrey Longfellow was present to address the Council regarding Townhouses at the corner of Dover and Aurora Street. Mr. Longfellow stated that he lives mostly out of the country and he has returned after nearly a year to find the construction still not complete on the townhouses near his property. He stated that he had met with Mr. Hamilton last year and it was agreed that the townhouses should be constructed in lieu of leaving the foundations. Mr. Longfellow stated that the construction is still not complete and leaves blight on the entire block and the entrance to this town. He stated that his house has been designated by Historic Easton as a historic property. He asked the Council to look at what is being built next door to him and asked the Council to ask themselves what they are trying to do in terms of preservation. Mr. Longfellow stated that the project is supposed to be completed and landscaped at this time, which has not occurred. He stated that he is rather dissatisfied. Mr. Longfellow invited the Council to ride by and see what it looks like.

Mr. Mayer questioned the trash receptacle for the one unit sold.

Mr. Heinmuller asked Mr. Longfellow about the agreement concerning improving the fence. Mr. Longfellow stated that they have extended the fence but in fact, an entire new boundary was to be put up which has not been done.

Ms. Debbie Hager, Executive Director, EBMA was present regarding Shut the Town Down Day scheduled for January 26. She stated that the purpose of it is to have an effective dialogue and discuss possible answers about what should be done in Easton to make it a better place. She stated that they are not meeting to solve any of the big box issues. She distributed a copy of the final draft of the brochure, which describes the day.

Mr. Heinmuller presented EBMA with a Proclamation recognizing Shut The Town Day. Ms. Hager stated that Mr. John Friese, the Governor’s Special Assistant for Smart Growth will be the kickoff speaker in the morning at the Avalon Theatre on January 26 at 9:00 P.M.

At 7:19 P.M., the President of the Council opened the Public Hearing on the request of Charles R. Lyons, Jr. et. al for an amendment to the zoning classification of property generally located on the north side of Dutchman’s Lane adjacent to the Stoney Ridge subdivision from Agricultural (A-1) to Residential (R-10A) for a 111.31-acre tract.

The Town Planner briefed on the project. He reviewed the zoning history of the site. He stated that the applicant wants it zoned as originally planned when annexed into the Town. He stated that the Planning Commission had forwarded their recommendation that this be re-zoned to R-10A.

Mr. Bruce Armistead was present on behalf of the applicant, the Lyons family. He stated that the subject of tonight’s hearing is to re-classify a portion of the Lyons farm from the A-1 to R-10A. Mr. Armistead passed out a packet of exhibits to the Mayor and Council. He stated enclosed is a copy of the plat, a legal description of the property, two letters for background purposes, a letter from the Planning Commission and copies of Ordinances 272 and 274.

Mr. Armistead stated that the property is currently zoned A-1. He stated that this property until approximately 1993 was in Talbot County. It was proposed for annexation in 1992 and annexed in the spring of 1993. He stated that Mr. Lyons asked the Planning Commission to change the zoning classification after annexation to A-1, the holding classification due to taxing purposes. Mr. Armistead reviewed the Findings of Fact related to the annexation. He stated that the finding from 1994 is sufficient to warrant a change in the zoning classification from the A-1 holding category to the R-10A. He stated that there are no specific development plans for the property. Mr. Armistead asked that the entire Lyons farm property be considered for R-10A zoning.

Mr. Armistead stated that Mr. Lyons was present and asked Mr. Lyons to confirm the facts as he presented them tonight. Mr. Lyons confirmed the facts. Mr. Armistead asked for questions.

Mr. Mayer asked for clarification regarding the improvements to Dutchman’s Lane.

Mr. Armistead stated that they intend to work with the Town regarding the eastern collector road to coordinate the extension of the road through this property.

Mr. Heinmuller asked about the need for water and sewer upgrades. Mr. Armistead stated that this issue would be addressed at a later stage when a specific plan is formulated.

Mr. Reed asked if there was a developer ready to develop that property. Mr. Armistead stated that discussion had been held with several individuals and that they are prepared to move forward with those discussions after this re-zoning is accomplished.

The President of the Council opened the Public Hearing up for public comments. He asked that comments be limited to three minutes.

Mr. Ed Van Schaik stated that he lives on Route 50. He questioned how many houses would be allowed per acre under the proposed zoning. He stated that Mr. Corbin’s original approval was for 38 houses before he had to improve the road and it has not been touched. Mr. Van Schaik stated that Dutchman’s Lane is a bad road where accidents occur every day.

Mr. Hamilton stated that the R-10A allows five houses per acre but with the roads and setbacks it actually configures to about two and a half houses per acre.

Mr. Van Schaik stated that he wants it on record that there should not be anymore houses in that vicinity because of the current traffic condition.

Mr. Ford stated that this community is very sensitive to growth issues on a widespread basis. He stated that he is not asking for a detailed development plan but he thinks it has become unreasonable to expect an applicant to get an answer from this Council on a re-zoning request when the intentions are not apparent. Mr. Ford stated that the other thing that concerns him about this parcel is that unless there is an application for a PUD, the Council will not see this again. If an R-10A approval is granted, the Council’s opportunity for input on this project is over and strictly a process for the Planning Commission.

Ms. Margaret Roe, 29339 Corbin Parkway stated that she is very concerned about Dutchman’s Lane. She stated that she has lived on Corbin Parkway for ten years and in the last two years with the additional development in her neighborhood, traffic has become ridiculous. Ms. Roe stated that a four-lane highway is needed for an additional 800 cars. She stated that she is not opposed to residential but she agrees with Mr. Ford that more information is necessary before zoning is changed. She asked that the public be made aware of conceptual changes in Dutchman’s Lane.

Mr. Tim Glass, Town Engineer, stated that problems are apparent at the intersection but that road is a County road right now. He stated that their office is focusing on required changes as a result of Mr. Corbin’s development and potential development of the Lyons farm. Mr. Glass stated that they have every intention of working with the County Engineer to come up with plans that can be implemented to improve that area.

Mr. Mayer discussed the state’s involvement in regard to that intersection.

Mr. Heinmuller asked for clarification on the jurisdiction of Dutchman’s Lane. Mr. Glass stated that up to the red light on the high school side was the Town of Easton’s jurisdiction.

Mr. Willey stated that as he recalled, there were some proposals for Dutchman’s Lane if the Favinger property was improved. Mr. Willey suggested dusting those off and reviewing.

Mr. Joe Mazzo, and Easton resident, stated that he has some serious questions just about the general rate of growth of Easton. He stated that he has concerns not only for the roadways but also for the schools, the police and fire departments and the buses. Mr. Mazzo stated that he came here for the appeal of a small town and he does not want Easton to end up like Anne Arundel County.

Mr. Armistead stated that he would like to make comments for the record. He stated that the issues raised by Mr. Mazzo are not the issues before the Council this evening. He stated that this property is already in the Town of Easton and the Council needs to decide what the appropriate use for the property is. He asked the Council to consider what zoning classification makes sense for this property. Ms. Rowe mentioned traffic. Mr. Armistead stated that the plans for this property may very well get the three governments together to get something done on this roadway as well as generate some funds. Mr. Armistead stated that the issue before the Council is whether the R-10A is appropriate and anything else would require further review. Mr. Armistead stated that the R-10A would allow approximately 500 homes and this could not happen overnight. He stated that this would only happen as the market allows but that this thought is a starting point.

The President of the Council closed the Public Hearing at 7:50 P.M. He stated that the record would be left open until the close of business Friday for comments.

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

Mayor Butler asked the Chief to update the Council on the holiday deployment.

Chief Harvey stated that the holiday deployment was from December 14 to December 24. He stated that it includes ten days. Chief Harvey stated that they addressed quality of life issues. Chief Harvey reviewed the Police Department’s activities during the ten-day period. He stated that during the holidays, they reported no major crimes and he felt that was a great success for the Town of Easton residents and shoppers from other vicinities. During the New Year holiday, they made eight arrests but reported no Y2K problems. Chief Harvey stated that he appreciates the residents’ as well as the visitors’ cooperation. The Chief stated that he felt it was a very successful holiday season.

The Town Engineer, Mr. Glass, stated that there were no reports of Y2K problems. On the Utilities side, there was a staff of 35 personnel from Utilities’ various departments present on New Year’s Eve. The Town Engineer stated that there were no incidents and everything went smoothly. On the Town side, the Town Engineer reported that Hanson Street between Brookletts and Earle is rapidly finishing up with about two weeks work left. He reported that on Locust Lane between North and Cherry Street, they are currently excavating the sidewalk and will be replacing curb gutter sidewalk with a completion in around four weeks. He stated that there will be some general sidewalk replacements on Goldsborough Street generally between Harrison and Aurora Street.

The President of the Council inquired if the improvements on Moton Park were complete. Mr. Gruber of the engineering staff at Easton Utilities stated that the improvements were complete. He stated that a few touch-ups were needed as well as seeding. Mr. Glass stated that the concerns related to drainage had been addressed. He stated that a contractor had been in there and re-seeded the areas of concern. Mr. Mayer stated that he hopes that Moton Park will eventually have trees. Mr. Glass stated that he will work with the Parks and Recreation Department to see if they can get funds.

Mr. Kehoe wished everyone a very Happy New Year. He stated that he had visited downtown Easton for the New Year festivities.

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

Mr. Mayer stated that it was nice to be prepared for Y2K and stated that it is nice to live in a Town with no major concerns.

Mr. Heinmuller discussed the Council’s agenda items. Mr. Willey stated that he would like to have this again from the Council in the form of a priority list.

Mr. Heinmuller asked for reports from the Chief related to South Street. The Chief reported on efforts in that area. He stated that they have begun operations on foot and in plain clothes in the area. Chief Harvey stated that their first night patrol was on mischief night, October 30, and they reported no incidents. Chief Harvey stated that they have found that groups do congregate in the area. Chief Harvey reported that they are active in the area and they do see kids and foot traffic in the area.

The Town Planner asked the President of the Council to set a Public Hearing for the entrance road for Ratcliffe Manor. The President of the Council set the Public Hearing for February 22 at 7:45 P.M.

There being no further business, at 8:04 P.M., Mr. Mayer made a motion to adjourn, seconded by Mr. Ford and carried unanimously.

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Town Clerk