February 7, 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, Assistant Town Planner Mr. Thomas and Town Attorney Mr. Kehoe

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

Mr. Mayer made a motion to approve the minutes of the January 18, 2000 meeting as written, seconded by Mr. Ford and carried unanimously.

Mr. Jay Gullo, President, Maryland Municipal League was present to address the Council. Mayor Butler welcomed Mr. Gullo to the Town. Mr. Gullo stated that it is a pleasure to be in Easton as the President of the Maryland Municipal League. He stated that Easton is an outstanding member of MML and he expressed his appreciation. Mr. Gullo stated that the MML Legislative Conference held in October in Easton was a great success. Mr. Gullo stated that the legislative agenda was picked during this conference and they are now pursuing and monitoring all the bills that come through especially the Smart Codes Issue.

Mr. Gullo introduced Mr. Scott Hancock from MML and Mr. Richard Castaldi from the Governor’s office.

Mr. Gullo stated that the MML is working on a new book that will be distributed to every public and private school and library in the state of Maryland. He stated that this book will feature all the towns. He stated that MML hopes that a curriculum for elementary schools could be built around this book to teach municipal government.

Mr. Gullo thanked everyone for their time and recognized Mayor Butler with an MML President’s Merit Award. The Mayor stated that it is an honor to receive the award from MML. Mr. Gullo passed out the new millenium 2000 pin.

Ms. Debbie Hager, Executive Director, EBMA was present to address the Council regarding Shut the Town Down Day. She stated that the town had been shut down due to snow and they have postponed their day to February 23. She passed out an agenda for the day. Ms. Hager stated that there are 120 people who will attend the conference. She stated that an Easton Action Plan will be forthcoming.

The President of the Council brought Resolution No. 5687 authorizing the Town Clerk to abate and/or refund taxes due totaling $5,273.10 to the floor. Mr. Mayer made a motion to approve Resolution No. 5687 seconded by seconded by Mr. Heinmuller and carried unanimously following a roll call vote.

The President of the Council brought a memo to the floor from the Town Planner regarding an Amendment to the Zoning Ordinance which would address the storage of vehicles on residential lots. The Town Planner stated that this is the memo for storage and recreational vehicles. He asked that a Public Hearing date be set to review this application or to couple all the amendments together that will be before the Council and bring the larger package together. The President of the Council set the Public Hearing for March 20 at 7:15 P.M.

The President of the Council asked if there was a report from the Fire Department. Mr. Robert Quathamer was present. He stated that he is the Fourth Lieutenant of the Fire Department this year and presented the January report. Mr. Quathamer stated that there were 51 fire calls, 23 town and 28 county calls, 9 assists from other companies and 9 assists to other companies. He stated that they had three fire drills and no injuries to report for the month of January. Mr. Mayer questioned Easton’s participation in the Preston Ford fire. Mr. Quathamer stated that they were there from 12:30 A.M. to 6:30 A.M. Mr. Mayer stated that Preston has a lot to be thankful for with all the volunteers in the community.

Mr. Heinmuller thanked Mr. Quathamer for the opportunity to get together at their annual banquet and discussed the annual statistics. Mr. Quathamer stated that the fire calls have gone down but the ambulance calls are increasing.

At 7:15 P.M., the President of the Council opened the public hearing to consider the application of Ruff Express, Inc. (the owner/developer) for a reclassification from Select Industrial (I-1) to Planned Unit Development (PUD) to allow construction of a 90 room hotel on lots 27, 28 & 29 in Glebe Business Park.

The Town Planner reported on the Planning and Zoning Commission’s recommendation. He stated that the application is for rezoning of three lots on Glebe Road. The Town Planner displayed an overhead of the area and a site plan from the applicant. The Town Planner stated that the Planning and Zoning Commission reviewed this application to rezone from I-1 to PUD to build a hotel. He stated that the Planning Commission is directed by the Zoning Ordinance to do two things. First, to compare the proposed use to the Comprehensive Plan and if they find it compatible then go to the second review which is the site plan. The Town Planner stated that in this instance, the Planning Commission voted three to one to recommend against approval of the rezoning application. The town Planner stated that the Chairman of the Planning Commission had submitted a letter stating that the Comprehensive Plan says that new major commercial development should happen closer to the center of town and secondly, the Planning Commission pointed out that this is an industrial lot which should be reserved for industrial uses. The Town Planner stated that if the Council chooses to support the Planning and Zoning recommendation, then no further steps would be needed. He stated that if the Council chooses to recommend the rezoning application, the Council needs to remand the application back to the Planning and Zoning Commission so that they can review the site plan for technical details.

Mr. Ford questioned if this was the first PUD application under the new Zoning Ordinance. The Town Planner stated that he believes this is correct. The Town Attorney clarified that under the new provisions of the Zoning Ordinance, the Planning Commission makes a determination whether or not the proposed use complies with the provisions of the Comprehensive Plan. He stated that if the Commission finds that it does, the Commission goes on to consider the site plan. However, the Town Attorney stated, the Zoning Ordinance now states that if the Commission makes the decision that it is not in compliance with the Comprehensive Plan, its processing stops. The Town Attorney stated that the hearing tonight is solely on the issue of the degree to which this application complies or is compatible with the Comprehensive Plan. He stated that if the Council makes the decision that the Planning and Zoning Commission is correct, then a written final conclusion indicating the decision and why will be brought to the Council. He stated that if the Council makes a decision that it is compatible with the Comprehensive Plan, then written findings should also be drafted and then the application goes back to the Planning Commission for their consideration of the various site plan areas.

Burry Parker, Esq., was present on behalf of the applicant. Mr. Parker discussed Mr. Ruff’s experience and role in hospitality in Talbot County. Mr. Parker discussed Mr. Michael Moriarity’s interest. Mr. Parker described Marriott’s participation in Easton. He stated that Marriott is not new to Easton but wants to be new in developing a Courtyard by Marriott at the southeast corner of Brooks Drive and Glebe Road. Mr. Parker stated that local real estate taxes and permit fees will be substantial to the Town. He stated that the hotel will employ 14 to 15 people in the winter and 25 in the summer and will have meeting space available. Mr. Parker stated that the Courtyard by Marriott is designed for the business traveler as well as the tourist with limited services. He stated that it is designed with the amenities of an upscale hotel. He stated that the site is 2.75 acres and sits well on the site. Mr. Parker stated that the hotel would front on Brooks Drive with the main entrance on Brooks Drive. He discussed Marriott Courtyard’s landscape requirements. Mr. Parker discussed lot coverage, green space, set backs and parking.

Mr. Parker stated that the Planning Commission was in error when they offered a recommendation that this proposed PUD use was not consistent with the Comprehensive Plan. He discussed permissible uses on I-1 land, which he stated are mixed uses. Mr. Parker stated that the Comprehensive Plan has numerous references to compatible aesthetically pleasing development.

Mr. Heinmuller asked Mr. Parker to clarify SE (Special Exception) versus P (Permitted).

Mr. Parker discussed permitted uses in the Industrial Zone and showed pictures of businesses currently located in this zone, some of which he stated were permitted with special exceptions.

Mr. Parker discussed the Comprehensive Plan and pointed out provisions, which he stated support the conclusion that the proposed Courtyard by Marriott is compatible with the goals and objections of the town’s Comprehensive Plan. Mr. Parker read from the Comprehensive Plan the goal for growth and the goal for design. Mr. Parker discussed the Easton Parkway transportation corridor.

Mr. Parker discussed economic development outlined in the Comprehensive Plan and reiterated the employment opportunities available with Marriott.

Mr. Parker asked the Council to send this matter back to the Planning Commission with a positive recommendation or vote on the PUD ordinance. Mr. Parker read into the record a letter from Mr. Will Howard in favor of the Marriott development.

The President of the Council opened the public hearing for comments and stated the rules. He asked that comments be limited to three minutes.

Mr. John Hurt stated that he is a resident of Talbot County, soon to be a resident of Easton stated that he echoes Mr. Howard’s comments and thinks it is an appropriate space in the Town of Easton.

Mr. Tom Hughes, 9284 Chenar Farm Road, stated that he is speaking as a resident of the county. Mr. Hughes stated that the Planning Commission got it right on this one. He discussed his traffic concerns on Easton Parkway. Mr. Hughes asked the Town Council to get together with the County officials and figure out with an independent analysis what the limits of these roads are before any additional commercial or industrial development is approved on Glebe Road.

Mr. Lee Denny, 20 Londonderry Drive, Easton, stated that he echoes Will Howard and John Hurts’ comments. Mr. Denny stated that it seems to him that as Easton Airport increases their traffic, the location seems suitable and appropriate.

Ms. Margaret Roe, 29339 Corbin Parkway, stated that she has one question. She questioned if it is across from Easton Commerce Park. It was verified that the site is next door. Ms. Roe stated that she thinks that it is an inappropriate spot for the hotel.

Mr. John Hart, 7571 Palace Hill Lane, commented that Marriott Courtyard is not an upscale hotel. He stated that he felt that the Planning Commission is right in their findings.

Mr. Burry Parker asked Mr. Moriority to explain upscale in the hotel industry. Mr. Moriority reiterated that this is a 90-room hotel. He stated that Marriott’s estimate that at a peak load estimates half the hotel to check in on one given night during a business day. He stated that during a peak 2-hour period, you could expect 15 check-ins per hour, which would result in 15 cars per hour. Mr. Moriority stated that regarding the upscale statement, it is clearly not a Ritz Carlton but relative to the Comfort Inn and Holiday Inn Express, it is certainly of a higher quality as signified by the average rate. Mr. Moriority stated that it is not an economy product.

Ms. Mary Lee Mason, Doncaster, stated that she has lived here since 1986 and has slept in many Marriott hotels. She asked what the marketing survey is that shows a clearly defined need for this facility and also says where is the optimum place to put it to maximize the need. She asked to have this addressed.

Mr. Moriarity stated that they did not want to locate the Courtyard on Route 50 due to traffic concerns. He stated that Courtyards are often in office parks. Mr. Moriarity stated that from a marketing perspective, they think that this is a terrific market.

Ms. Rebecca Ellison stated that she lives near Oxford and is distressed by two things. She stated that she thinks that it is in the wrong direction of the Council to mix the uses. Ms. Ellison spoke on pollution in the area.

There being no further comments, at 8:00 P.M., the President of the Council closed the Public Hearing on the application of Ruff Express, Inc. The President of the Council stated that he would leave the record open until the end of the week for written comments.

At 8:01 P.M., the President of the Council opened the Public Hearing on 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 803.5C(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."

The Town Attorney discussed the history of the proposed ordinance and what would change in the zoning ordinance. He discussed the Planning and Zoning Commission’s recommendation that the Town place a maximum size limitation of 65,000 square feet of future big box retail uses in the Town of Easton. He stated that this recommendation grew out of a joint meeting between the Planning Commission and the Town Council workshop. He stated that it would not change the procedural requirements in effect. Mr. Kehoe stated that Ordinance No. 399 before the Council tonight puts that recommendation into effect.

Mr. Heinmuller questioned Mr. Kehoe regarding Section 3, which deals with the concept that 65,000 sq. feet would be the maximum for a new applicant, but also to established structures that may desire structural changes. Mr. Kehoe stated that is correct. Mr. Kehoe clarified the uses to which this ordinance is directed.

Mr. Ford reinforced that this does not change the current definition of big box retail stores in Easton’s Zoning Ordinance, it simply puts a cap on the size of the applications to be considered.

Mr. John Hurt stated that he is the newly elected Chairman of the Talbot County Chamber of Commerce. Mr. Hurt stated that he as well as members present tonight from the Chamber opposes Ordinance No. 399. He read a letter stating the Chamber’s position. Mr. Hurt stated that the Chamber wants to be a part of the solution.

Mr. Milton Irvin, 27390 Powatan Avenue, stated that as a member of the Talbot River Protection Association appreciates the time devoted to the issue. He stated that TPA is supporting smart growth. He read concepts TPA thinks should be established to comply with smart growth.

Mr. Donald Westerfield, Honeysuckle Drive, Chapel Easton thanked the Council for the opportunity to speak. He stated that he is a homeowner and considered selling his home due to the threat of a mall. Mr. Westerfield stated that he was told that if the mall were to come, the appraised value would decrease by $10,000. He stated that his family has roots in the community. Mr. Westerfield stated that his wife had worked in retail for several years and has seen the crime element.

Ms. Eileen Deymier, 27 N. Hanson Street read a statement in opposition of Ordinance No. 399. She asked the Town Council to consider the reports submitted into record by various groups as well as staff reports. Ms. Deymier stated that no decisions regarding stores greater than 25,000 should be taken before a public discussion of these matters is held. Ms. Deymier read excerpts from the Police Department’s Staff Report and the Fire Department’s report and echoed traffic and crime related concerns. She urged the Council to vote no on 65,000 sq. feet stores and asked that the Zoning Ordinance limit on retail stores remain at 25,000.

Mr. John Kaestner, 3901 Black Duck Drive, Trappe, stated that he moved here 19 years ago. He stated that his concern this evening is the dissemination of information. Mr. Kaestner stated that he is upset greatly that the newspaper prints opinions and not facts and asked the Council to base their opinion on fact rather than unscientific study. He stated that he also believes development should be kept to 25,000 square feet or under.

Ms. Debra Hart, 7571 Polly’s Hill Lane, stated that the statement that Easton is a market center and has been for over 100 years is misleading. She stated that money from these big retailers is not staying in this community. Ms. Hart stated that she would like to see new businesses go into existing vacancies rather than developing. She stated that one of her concerns is flooding. Ms. Hart stated that she is in favor of a cap but prefers retail stores 25,000 square feet or under. She expressed concern of over development of all kinds.

Mr. Greg Timberlan, 7434 Tora Drive, stated that he has only lived here 2 ½ years and moved here because it is unique. He stated that he likes the fact that storeowners know his name. He asked the Council to keep things as they are.

Mr. Stuart Thompson, 7766 Bloomfield Road stated that he has attended about four meetings. He stated that the survey in the local paper was probably paid for by the developer.

Mr. Peter Pinkard stated that he lives in Talbot County and is a member of the Talbot Preservation Alliance and the Talbot River Protection Association. He stated that he works in Easton where he is a partner in a consulting firm for the retail industry. He stated that retailing is his profession. Mr. Pinkard stated that he is neither anti-development nor anti-growth. He stated that he speaks from his heart. He stated that there is no statistical or economical basis for the 65,000 square feet size whatsoever. Mr. Pinkard stated that this figure will open the door for small big boxes known as category killers such as PetsMart, TJ Maxx, Circuit City and the like. He stated that his feeling is that these stores pose an even greater risk to the retail establishments. Mr. Pinkard stated why he thinks size is important. He addressed his concerns with traffic. Mr. Pinkard asked the Council to limit the size of new stores to no less than 25,000 square feet for the duration of the Comprehensive Plan. He urged the Council to seek a cooperative arrangement with Talbot County to harmonize Town and County retail policies.

Mr. John Murray, 101 Bay Street, spoke on the Comprehensive Plan and its intent. Mr. Murray recommended not adopting this amendment and asked the Council to rely on the Zoning Ordinance as amended extensively last summer. Mr. Murray asked the Council if this Ordinance is passed, to provide for an exception for the two projects in the pipeline prior to the time the moratorium was adopted. Mr. Murray stated this was only fair to the applicants.

Mr. Mark Palameras, 219 S. Hanson Street stated that he recently moved to Easton because he wanted to live in the community his business was in. Mr. Palameras stated that you can have businesses that bring the community what they want without having a big box. He stated that small retailers will be effected by going with big box stores.

Mr. Bob Welte, 7772 Ratcliffe Manor Lane stated that he is concerned that the issue before the Council relating to big box size and impacts is being addressed in the context of erroneous information. Mr. Welte stated that one of the most important things to consider when making decisions about the town is the outcome of those decisions negatively impacting a segment of the town population. He stated that he cannot escape the suspicion that the Planning and Zoning Commission has drawn its conclusion, namely, the assumption that big box shopping centers do not devalue adjacent residential property values based upon a critical but erroneous report. He referred to the Dudley letter relating to the economic impacts that big boxes could have on the private sector in Easton. Mr. Welte stated that if a big box builds near residents, the house value will go down.

Ms. Margaret Young, Vice President of the League of Women Voters, stated that they applaud the process to allow extensive public participation. She explained the League’s positions regarding design and development standards. Ms. Young stated that Talbot County and the Town should begin the process of comprehensive planning for the county land contiguous to the towns. She stated that the Council is making decisions that will shape the community. She thanked the Council for beginning the process for development standards. Ms. Young stated that the process needs to be expanded and stated that the League of Women Voters are here to help.

Mr. Gene Mechling, 222 S. Washington Street, stated that he moved here nine years ago because Reston was growing too fast. Mr. Mechling stated that approving a 65,000 square feet major retail store would be making a big mistake. He suggested getting help from the recognized experts in the field of controlled or smart growth. Mr. Mechling suggested studying the problem. Mr. Mechling stated that he inquired about resources that are available. Mr. Mechling suggested contacting Mr. Don Geist of Potomac, Maryland, a consultant with 25 years experience. He stated that he has offered to come and meet with the Town on a one-time no cost basis. Mr. Mechling referred to sprawl websites. Mr. Mechling stated that he strongly recommends the Town in concert with the County, utilizing resources to perform long range controlled planning for the benefit of the local communities.

Mr. David Ewing, 3916 Chamberlaine Cove Road, Trappe, stated that he lived on Chapel Road for 52 years stated that he could benefit from development in that area but he doesn’t want to sell his inheritance and the land of pleasant living for a bowl of porridge. He stated that he is not pro-grow or no-grow but he is for slow growth. Mr. Ewing stated that new development would mean more infrastructure costs that would increase taxes. Mr. Ewing discussed traffic concerns. Mr. Ewing discussed future growth problems and the problems he sees now. He stated that decisions made now will be done forever. Mr. Ewing suggested an unbiased consultant to help out with the task of deciding the future to predict what is five or ten years down the road.

Mr. Bill Shields, 28486 Sanderstown Road, Trappe stated that he is a 33 year resident of the County. Mr. Shields read a statement from 25 residents of the county regarding development of big boxes. Mr. Shields stated that landowners are entitled to a return on their investment. He stated that there are shoppers that feel that there is inadequate shopping in Talbot County. Mr. Shields stated that there are those that feel that the answers lie within the Comprehensive Plan. He stated that all these statements are true and make this a difficult and challenging issue. Mr. Shields stated that they believe that owners of land in Talbot County designated for commercial development will achieve a generous return on investment whether their land is developed with big box or a collection of smaller merchants more of keeping with the Town of Easton and Talbot County. He stated that shopping opportunities are more than adequate for county residents and welcome the trips across the bay, which is an excuse to revisit, why we love living where we do. Mr. Shields asked the Council to find the courage and strength to limit big boxes to 25,000 square feet.

Mr. Al Goetz, Martingham, stated that he has lived in Talbot County for 31 years. He stated that he was asked by the Current Events Club to read their petition. Mr. Goetz read the petition which stated that the substantial concern of Talbot County to propose development focuses attention on the need to upgrade infrastructure and engineering standards. He stated that of immediate concern is the lack of attention paid to water quality safeguards, which they believe is the major development issue in Talbot County. He stated that the big box decision obviously relates. He stated that the Comprehensive Plan says in the strongest terms that we are to protect sensitive areas. Mr. Goetz stated that we are here for the waters. Mr. Goetz stated that the petition says that to continue to ignore these important elements can only be viewed can only be viewed as something more than "poor planning." Mr. Goetz stated that this petition is signed by 14 petitioners as well as 12 to 15 businesses.

Mr. Glen Gannon, Easton, stated that there has been a big box bashing tonight. He stated that he hoped that the Council would not vote on just the testimony heard tonight.

Mr. Jimmy Rash, 120 Choptank, stated that he has been in the retail business for over forty years with the same company. He stated that if big box stores are brought in, people will have a fair chance to get a job.

Mr. Harvey Prettyman, 308 S. Hanson Street, stated that he has lived in Easton 73 years. He stated that he does not think that there should be a limit for 65,000 square feet on businesses. He stated that he thinks that the Council should go for big boxes and not limit the size.

Mr. Dirk Bartlett stated that he is the newly elected President of the Talbot Preservation Alliance and resides at 7905 Bloomfield Road. He stated that he is here because the Comprehensive Plan calls out for those who believe in it to defend it. Mr. Bartlett thanked those who had created the Comprehensive Plan and anticipated that the Plan may need to be defended. He stated that when the Plan was crafted, it did not anticipate the arrival of the megastores. He stated goals that his group is committed to establishing. Mr. Bartlett ended with a quote from the summary of the 1997 Comprehensive Plan, "if you believe in the goals and the policies of this plan, remind the Town officials and staff of them at every opportunity for public comments. Encourage town policies and programs which are consistent with the plan, oppose those which are inconsistent and point out why they are so."

Mr. Greg Gannon, 28656 Goldsborough Neck Road, reviewed the chart recently published in the Star Democrat regarding the Ten Best Small Towns in America. He stated that he had researched the data and found that some of the small towns listed did actually have buildings over 25,000 square feet. Mr. Gannon stated that he only wanted to point out that being on the "top ten list" and having large retail stores can go hand in hand. Mr. Gannon stated he believes the 65,000 square feet cap is not necessary. He stated that stores the sizes of Wal-Mart are working here and could be a part of the future. Mr. Gannon stated that if the 65,000 square feet cap was passed, he hoped the Lowe’s and Home Depot applications could be excluded.

Mr. Bill Farberman, Waverly Road, stated that he is not against development in the community but he is against the mushrooming development in this community. He asked one question, "what do you envision for Easton in the next five or ten years?" "Do you think we should become a town that has a population of now 11,000 to 20,000 or 25,000? Do we need a million and a half feet of commercial development? What is it that we want in Easton?"

Mrs. Sylvia Gannon stated that she hopes that the Council will give consideration to the fact that just barely two years ago, the Comprehensive Plan and Zoning Ordinance was adopted by this body with a lot of input from people in the town. Mrs. Gannon stated that at the time of adoption, there were nine big boxes in place. She stated that the retail in place then, did not adversely affect the town. Mrs. Gannon pointed out that stores the size of Wal-Mart would require 18 acres of land with the requirements of the Zoning Ordinance and with limited commercial land, the amount of big boxes would be restricted. She asked the Council to stick with what the long range planning has been. Ms. Gannon stated that the market will not be overrun in Easton. She asked to have the practical side prevail.

Mr. David Ulnan, Chapel East, stated that he did not grow up in Easton but from Baltimore. He stated that he is not anti-business but he is anti my-backyard.

Mr. Howard Crossen, United Trust Fund stated that he is one of these bad developers. He stated that when they filed their initial site plan, a moratorium had not been issued. Mr. Crossen stated that they believed they conformed to the Comprehensive Plan. He stated that his issue is that whatever happens, happens but he would like to see the rules stay consistent and at least have rules set down. He stated that he has spent $150,000 in the Town of Easton this year and they are no further along then when they started. He asked the Council to be consistently and quickly because this has been a long, expensive year.

The President of the Council thanked everyone that took the time to come this evening. He encouraged those in attendance to keep their County Commissioners informed because there are matters that should be addressed to them. The President of the Council closed the Public Hearing at 9:45 P.M. He stated that the record would be kept open for a week for written comments. The President of the Council declared a six-minute recess.

The President of the Council re-convened the Council meeting at 9:55 P.M.

The President of the Council brought Ordinance No. 402, "AN ORDINANCE GRANTING THE APPLICATION OF CHARLES R. LYONS, JR. AND OTHERS FOR THE REZONING OF PROPERTY OWNED BY THEM LOCATED IN THE TOWN OF EASTON FROM AGRICULTURAL (A-1) TO MEDIUM DENSITY RESIDENTIAL (R-10A)" to the floor.

Mr. Mayer made a motion to approve Ordinance No. 402, seconded by Mr. Heinmuller and carried with Mr. Reed and Mr. Ford voting no.

Mayor Butler stated that the fence around the police station should be put to rest at this time. He asked for Council approval to table the matter at this time.

The President of the Council thought that the fence would give officers taking prisoners into the police station added security. He stated that his personal opinion is that the Council needs to talk about it.

Mr. Mayer stated that his concern was with the addition not being started. He stated that he is not sure he wants to go forward with the fence until after the construction. Mr. Mayer suggested neighborhood input.

Mr. Reed stated that with the information the Chief passed onto the Council, he felt that the fence was pretty important to consider. He suggested meeting with the Chief to decide when and if it should be done.

Mr. Ford discussed the process and stated that he had met with the Chief regarding this issue. He stated that he finds no fault with this request and he does not believe that his intention was to further some kind of compound mentality or separate the department from the community. He stated that he felt the Chief’s concern was for safety for the Town and for his department. Mr. Ford stated that it was the Council’s job to ask questions and the subject has escalated to a perception that the fence is more than that and for now, is a bad idea. Mr. Ford stated that it may be necessary later. He stated that he would not support the fence request at this time.

Mr. Heinmuller stated that to Mr. Ford’s point, you go with the best information you have. Mr. Heinmuller justified his approval of the fence due to the many buildings and structures that have large fences around them. He stated that unfortunately, it does send a different message. Mr. Heinmuller stated that some of the fourth ward constituents had come forward and stated that they did not think that it sends a very good message. Mr. Heinmuller stated that in his opinion, he does not think they should go forward with the fence at this time. He suggested alternatives for parking.

Mayor Butler stated that the consensus that he was hearing was not to proceed with the fence at this time.

The Town Engineer, Mr. Glass, stated that the road show will be Wednesday February 16 in preparation for the capital budget. He stated that it will begin promptly at 8:00 A.M. He encouraged the Council members to come along.

The Town Engineer stated that in two weeks, improvements to the Goldsborough block between Harrison Street and Washington Street will begin. Mr. Glass stated that teak trash cans planters and benches will be installed along that block as well as colonial streetlights.

The Town Planner stated that during the last meeting, the President of the Council pointed out that there was a letter to the Council from Mrs. Favinger asking for an extension of the PUD approval for her property at the corner of Dutchman’s Lane and Route 50. The Town Planner stated that he would take it to the Planning Commission and bring back a recommendation to the Council. Mr. Hamilton stated that the Zoning Ordinance requires that a development of PUD must begin within one year of the final approval. Mr. Hamilton stated that the zone will revert to its previous classification unless a time extension is requested by the developer and granted by the Planning Commission. Mr. Hamilton stated that the Planning Commission denied the extension of the PUD to the Favingers. He stated that there was no additional action necessary by the Council. He stated that the Council will review it again if it becomes a PUD.

Ms. Libby Dawkins asked the Town Engineer if the road show was a tradition. She asked if one day was sufficient to cover the Town of Easton. The Town Engineer stated that it is a long day but they can get it done in a day. Ms. Libby Dawkins suggested a walking tour. The Town Engineer reviewed the property owner’s responsibility in terms of clearing snow from the sidewalk.

The Town Attorney stated that he provided the Council with a West Kennedy Street memorandum, which says that they are now focusing on a grant from the United States Department of Agriculture.

Mr. Mayer commended the Chief and department for a job well done during the fight in the Food Lion parking lot. Mr. Mayer stated that within three minutes time, the police department had the fight under control without harm.

Mr. Heinmuller stated that many times in the newspaper it is funny to assassinate public official’s character or to draw illusions to their motivations. Mr. Heinmuller stated that he felt it very important that some people have a need to degrade public servants that are trying to do the best job they can. He stated that some things are done in political humor, some in mean spiritedness. Mr. Heinmuller stated that it tells about the writer’s character to bespeak another person not the character of the public official. Mr. Heinmuller asked those who write in or those listening to think about what you have to say.

The President of the Council stated that there is a request from the County to waive the building permit fees associated with the new hangar at the Easton Airport that houses the DNR. Mr. Heinmuller questioned if the inspections would still be performed. The Town Engineer stated that we would. He stated that typically, what has been done for jurisdiction purposes, fees have been waived although the plan review and all inspection services are still performed.

Mr. Mayer moved approval of the permit fee waiver seconded by Mr. Ford and carried unanimously.

The President of the Council thanked the Easton Volunteer Fire Department for the invitation to their annual banquet and dance on Saturday night. He stated that it was a good time with a lot of fellowship.

Mrs. Ellen General thanked MCTV for taping the Council meeting live. She stated that MCTV has given the community the opportunity to learn and educate with information.

There being no further business, upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the President of the Council adjourned the meeting at 10:18 P.M.

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Town Clerk