February 20, 2001

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. Heinmuller, and Mr. Reed. Also attending the meeting were Mayor C. Eugene Butler, Town Engineer Mr. Glass, Assistant Town Engineer Mr. J. Gruber, Town Planner Mr. Hamilton, Captain Ben Blue, and Town Attorney Mr. Kehoe.

Mr. Ford opened the meeting with prayer. He led those present in the Pledge of Allegiance.

Mr. Mayer made a motion to approve the minutes of the February 5 and February 15, 2001 meetings as written, seconded by Mr. Ford, and carried unanimously.

Mr. Mayer presented representatives from the American Cancer Society with a Proclamation for Daffodil Days.

The President of the Council asked Mayor Butler to come forward for a special presentation. Mayor Butler stated that Mr. Gates is Vice President of Historic Cemeteries of Easton, Inc., and had disclosed during a recent meeting that he had misplaced his Eagle Scout Badge. Dr. Kerr presented Mr. Gates with a replacement badge.

The President of the Council brought invoices to the floor totaling $492,184.51 for approval of payment. Mr. Mayer made a motion to approve payment, seconded by Mr. Heinmuller and carried unanimously.

Mr. Jim Prettyman was present on behalf of the Fire Department. He stated that he did not have anything to bring before the Council at this time.

Mayor Butler reported that the Town Clerk and the Town Attorney and himself had delivered a Smart Growth Proposal to the Talbot County Government Services Complex this afternoon. Mayor Butler stated that he hoped that they look favorably at the five proposals to keep the Courthouse functions in the downtown area.

The Town Attorney stated that the proposal demonstrates that there are very many places for the County to locate a new office building in downtown. Mr. Kehoe stated that there were several proposals involving various combinations of downtown property. The Town Attorney stated that the Town stands willing to work with the County in any single, private sector property owner or combination private sector property owner to give the County what all of us deserve in terms of a new County office complex. The Town Attorney stated that it can be done downtown in a way that it is a win-win situation.

Mr. Heinmuller commended the Town Attorney and quoted Edward T. McMahon, "Downtown is the heart and soul of the community and the cornerstone of civic identity. A public commitment to staying downtown also encourages private businesses to do the same." Mr. Heinmuller discussed the Post Office’s grand opening and the zip code matching the date.

Captain Blue discussed the continued problems and complaints received in the area of Sts. Peter & Paul School. He stated that most issues are related to parking issues and suggested a two-hour parking restriction similar to the Mecklenburg area around the High School.

Mr. Mayer stated that he has tried for about a year to come some type of resolution with the administration of the school and through the Town Engineer’s efforts. Mr. Mayer stated that he would like the Council to look at this in earnest and come up with some type of solution.

The President of the Council asked the Town Attorney to draft an ordinance for discussion at the next meeting.

The Town Attorney stated that he would meet with the Chief and model the ordinance around the ordinance around Easton High School and the hospital.

At approximately 7:15 P.M., the President of the Council opened the public hearing on the request of Port Associates of Easton, Inc. for an Amendment to the Londonderry Retirement Community site plan. The request is to construct 59 new residential units and expand the existing dining facility by 1,200 square feet. The proposed project is located at the southwest corner of the intersection of Port Street and the Easton Parkway (MD 322).

The President of the Council reviewed the process of the public hearing.

The Town Planner discussed the ongoing project. The Town Planner stated that the project is an amendment to a CM. Mr. Hamilton discussed the original approval compared to the proposed new construction.

Mr. Doug King stated that he is a principal with Perkins Eastman Architects and that they have been retained by Londonderry to look at their overall campus and make recommendations for the vacant parcels. Mr. King stated that they formulated some plans to provide some apartments. He stated that there are needs to provide for some more frail elderly that are now coming in who do not necessarily desire to live in a cottage typesetting as well as the continued economic viability of the community. Mr. King stated that as the existing residents have aged, there is additional need for some services within the community and to keep costs down, one of the ways is to spread it over more folks. Mr. King stated that they were looking at mainly three areas, an area, which had been previously proposed for 12 cottages adjacent to the existing Commons Building of the community and two additional undeveloped properties along Port Street. Mr. King stated that the community as it exists consists of two clusters of cottages. He stated that they are proposing to add 26 units of apartments in a two-story building to be developed as a series of townhouse units with two elevators and a corridor off each apartment but will not appear as large buildings. Mr. King stated that there will be two groups of cottages in the front, 14 units in one area and 15 units in another area Mr. King explained that with the new units, it will be add a total of 59 units for a total of 116 units. He stated that additional parking would be added for the new areas. Mr. King stated that the ordinance requires that they provide 57 spaces and they are providing 98 new spaces. Mr. King stated that they are proposing screening and low walls at the back of some of the units that actually back up to the commons area to provide privacy. He stated that a similar wall and landscaping will be provided on Port Street. Mr. King stated that the overall property is 22 acres excluding the Heartfields Assisted Living facility. Mr. King discussed the architecture character that will be implemented in the new portion of the development.

The President of the Council asked if there were any questions from the Council.

Mr. Heinmuller asked if there is a stormwater management pond. Mr. King stated that one exists now and they will be providing another within the community. Mr. Heinmuller asked if there is designated parking for employees. Mr. King stated that nine spaces are dedicated for employees.

The President of the Council opened the public hearing for audience comments. There were no comments.

At 7:28 P.M., the President of the Council closed the public hearing. He stated that the public record would be kept open until Friday at 5:00 P.M.

At 7:30 P.M., the President of the Council continued the public hearing on the request of Doris Favinger for an amendment to the zoning classification of property generally located at the southeast corner of the intersection of Dutchman’s Lane and US Route 50 (Ocean Gateway) in Easton to reclassify the property from Limited Commercial (CL) to Planned Unit Development (PUD). The project includes a Royal Farms Convenience store with gasoline and diesel fuel sales and two restaurants. The President of the Council stated that this public hearing was continued from the last meeting as there was some confusion on the part of the Town.

Mr. Burry Parker was present on behalf of the Town. He stated that there had been 14 letters received from the public concerning the proposed development. Mr. Parker stated that there were eight letters in favor of the proposal and six letters opposing the development. Mr. Parker stated that generally, the issues raised by those opposing the project, with matters such as traffic, there was sufficient evidence from the Town Engineer to support a finding that there will not be a detrimental impact to traffic along Route 50 and Dutchman’s Lane as a result of granting this PUD. Mr. Parker stated that in fact, the intersection would be re-shaped to assist the Town in the general development of that intersection to serve future planned development. Mr. Parker stated that they plan to develop land that is zoned and intended for commercial development. He asked the Council to accept the word of the experts instead of the lay citizens’ comments.

Mr. Heinmuller questioned the number of jobs and types of jobs that Royal Farms would add to the tax rolls of the Town of Easton.

Mr. Parker stated that he had consulted Mr. John Kemp of Royal Farms with regard to the issues of economic benefit. Mr. Parker stated that Mr. Kemp had indicated that the employee number would be between 35 and 40 with a manager earning a base salary in the neighborhood of $45,000 to $60,000 including total compensation. Mr. Kemp stated that there would be three Assistant Managers, one being a food service manager in the range of $25,000 to $35,000. He stated that total payroll dollars would be between $400,000 to $500,000.

Mr. Parker discussed environmental issues that were concerns in correspondence to the Council. Mr. Kemp stated that for safety and environmental concerns as well as insurance reasons, Royal Farms exceeds the Maryland Department of the Environment and federal regulations as far as safety goes. Mr. Kemp discussed the double walled tanks that Royal Farms installs.

The President of the Council asked if there was anyone present to speak that had not spoke at the previous meeting.

Ms. Rebecca Ellison, Oxford, stated that there are numerous things to be nailed down on this project. Ms. Ellison discussed gas fumes and air pollution that would have to be dealt with. Ms. Ellison stated that she thought this would be a 24-hour truck stop and that it does not make any difference if it has colonial dormers or brick sides. She questioned where the Town ends. She stated that a truck stop in Easton is not necessary. Ms. Ellison discussed two phase development and stated that the restaurants should be nailed down.

Ms. Linda James, Patrick Road, Easton, stated that she is one of those non-experts in the paper. She stated that she travels Dutchman’s Lane corner 12 times a day and that the traffic is bad. Ms. James stated that she disagrees with the traffic surveyors. Ms. James discussed the bookends of the Town and stated that they have been made out of agricultural land. She suggested putting the county offices on that corner.

Ms. Connie Lee, 13 Londonderry, stated that she is very much in support of this project.

Dr. Irving Phillips, a general dentist here in Easton with a practice on Dutchman’s Lane, stated that he is speaking in support of the project. He stated that on behalf of his 16 employees and the 50 patients he sees in a course of a day, he feels this store would be of some service to them. He stated that this stop would eliminate some of the traffic that goes into Town. Dr. Phillips stated that it would be a great service for the people on that side of the Town.

Ms. Melinda Lapres, 10310 Old Cordova Road, Easton, stated that she is asking the Council to vote in favor of the Royal Farms PUD application. Ms. Lapres stated that she believes a convenience store is needed in that area. She stated that this property is commercial. Ms. Lapres stated that she was glad the mature trees would remain as part of the development as well as the second phase of the restaurants. Ms. Lapres stated that the concerns regarding traffic at this intersection would be addressed with this development. She stated that there is a vocal minority using alarmist language. Ms. Lapres stated that her parents bought this property 53 years ago and this was their home. She stated that this land was not bought for speculative purposes. Ms. Lapres stated that her parents did not oppose commercialization of property around her but realized that this is the corridor to the Eastern Shore. She stated that this property has been on the market for 17 years and was stifled under a moratorium for five years. Ms. Lapres spoke of her last conversations with her father in regards to this property. She urged the Council to vote in favor of this project.

Captain Ben Blue, Easton Police Department, stated that the Chief asked him to bring three concerns before the Council. Captain Blue discussed the traffic that would be exited onto Route 50 from the store. He stated that the acceleration lane would be in conflict with the deceleration lane for traffic that would be slowing to turn into the store. Captain Blue stated that the Dutchman’s Lane entrance would have traffic exiting with traffic traveling on Dutchman’s Lane with a short reaction time for exiting traffic. The third issue would be the noise that would be created, tractor-trailers and the like from trucks that may be running overnight. He stated that the Police Department would have to field calls from residents’ complaints regarding noise.

Mr. Gene Mechling, 222 S. Washington Street, stated that it seems to him that in the Comprehensive Plan that exists, there is reference that we want to beautify highway 50 as it passes through Easton. Mr. Mechling stated that he thinks the Royal Farms building will be an asset but there is not enough known about the restaurants planned.

Ms. Margaret Roe, 29339 Corbin Parkway, stated that she has concerns regarding the traffic for any development on the Favinger property. Ms. Roe stated that she is also concerned about the noise as she lives on Corbin Parkway and can hear the trucks brake for the redlight. Ms. Roe discussed the increased man-hours for the local police department as they protect the patrons and employees of any commercial development. Ms. Roe asked for consideration regarding fuel pollution, fuel spills, 24-hour business and the possibility of prostitution activity. Ms. Roe questioned if this would be an asset to the community. Ms. Roe asked the Council to give the existing business owners consideration. She stated that she would have been more receptive if the applicant had been able to fully disclose the tenants of the restaurants. Ms. Roe asked the Council to deny the application for Royal Farms.

Mr. Parker discussed the Chief’s concerns regarding the entrance to Royal Farms and traffic exiting. Mr. Parker discussed the noise level and stated that the trucks heard slowing would be the same trucks refueling therefore, there would be no additional truck noise. Mr. Parker reiterated that all the controls in place today for architectural designs would be in place when the restaurants are proposed to the Planning Commission.

Mr. Barry Griffith recited the allowable uses for this CL site by right. Mr. Parker stated that this proposal is a chance to touch and shape this project.

There being no additional comments, the President of the Council closed the Public Hearing at 8:09 P.M.

Mr. Reed discussed the accident statistics. He stated that Chief Harvey had given the history of the accidents that had occurred on Route 50 and Dutchman’s Lane. Mr. Reed stated that in 1998, there were 15 accidents, in 1999, 22 accidents, in 2000 28 accidents with 17 injuries. Mr. Reed stated that it is difficult getting in and out of The Pines now. He stated that when traffic is backed up on Dutchman’s Lane to cross to go to the proposed restaurants, it will be virtually impossible to turn left into The Pines. Mr. Reed questioned how much more service the police department may have if the Royal Farms project is built. He asked Capt. Blue what his experience is with other convenience stores. Capt. Blue stated that it would be hard to predict but he does not feel the Police Department has seen any dramatic increase at a convenience store. Mr. Reed questioned if there are any plans for a beer and wine license. The applicant stated that there are no plans to obtain a beer and wine license. He stated that the corporation is not allowed to have that license.

Mr. Glass discussed the signal function and the long-term plans for improvements to Dutchman’s Lane.

Mr. Reed stated that he feels compassion for the Favinger family and other people trying to sell their property but he does not want to see the existing businesses suffer for a new business on a dangerous corner. Mr. Reed questioned who would be responsible to clean out the plans on the site. He stated that he does not see all the problems with this proposal resolved.

Mr. Heinmuller questioned if a large amount of drug arrests had occurred at gas stations. Capt. Blue stated that they had not. Mr. Heinmuller questioned Capt. Blue if there were drug arrests, would the fines be doubled because Easton High School is within 1000 feet. Capt. Blue stated that this is correct.

The President of the Council asked for a consensus from the Council to direct the Town Attorney to draft a Finding of Facts.

Mr. Ford stated that after 15 years, he feels that Mrs. Favinger probably feels that the Council has taken enough time. Mr. Ford stated that he is not going to support this project. He stated that the Favinger’s have been trying to develop this property since the mid 1980s. Mr. Ford stated that the property is zoned C3. Mr. Ford discussed the history of the property and his recollection while attending the Planning and Zoning Commission’s meetings. Mr. Ford discussed the complexity of his decision. He stated that the Council has to ask if the negative impact the traffic will bring to this corner will be offset by the financial support for the improvements of the intersection that Royal Farms has offered to make. Mr. Ford stated that he went to the Comprehensive Plan for guidance and felt that it is unclear about the stance for this project so he went to his perception of the spirit of the plan and decided that this type of commercial development is a perpetuation regardless of the concessions of architectural design, is strip development on Route 50 which the Comprehensive Plan does not support.

Mr. Mayer stated that this property should have been built ten years ago. Mr. Mayer stated that he opposed the County’s moratorium. Mr. Mayer stated that what really hurts him about this project is three things. He stated that there is one too many restaurants proposed for this site. Mr. Mayer stated that he has concerns about the fuel spilling into the nearby stream. Mr. Mayer stated that he feels that this is property is zoned commercial and should be developed commercially. He stated that the water problem bothers him the most. Mr. Mayer stated that he might reconsider if his concerns are addressed.

Mr. Reed stated that he cannot favor this project at this time.

Mr. Heinmuller stated that this project represents an applicant’s desire to do the things that we have asked for in various meetings and to be a good corporate citizen. Mr. Heinmuller stated that the Planning Commission has indicated that it does meet their requirements, therefore forwarding this proposal to the Council. He stated that in his opinion, there is an opportunity to say to not only these developers but future developers to develop what is needed in the Town of Easton and provide job growth that is reasonable. Mr. Heinmuller discussed traffic and noise and stated that with the other businesses in that location putting a gas station there sort of makes sense. Mr. Heinmuller stated that he does support this project.

The President of the Council instructed the Town Attorney to draft legislation on the consensus.

The Town Attorney asked Mr. Mayer for clarification on his vote. Mr. Mayer stated that he would reconsider if there was one restaurant and no diesel pumps.

The President of the Council asked for a consensus on the request of Mr. Ed Brown and BH Development LLC for an amendment to the zoning classification of property located at the end of Meadow Drive. The request is to reclassify the property from R-7A to PUD for mixed-use development, which includes 130 residential units and a Commercial Village.

The President of the Council asked if there were any questions. He stated that the public hearing had been held at the last meeting.

Mr. Mayer asked the applicant’s representative, Mr. Bill Stagg, if the developer would be willing to do a few things. Mr. Mayer asked the developer if the can make an agreement to not rent the houses. The Town Attorney stated that this type of agreement is difficult to write or enforce but reasonable steps can be taken to make it difficult for a project to turn into a predominantly rental development. Mr. Mayer stated that he would like to see more trees along the Parkway. Mr. Stagg stated that there is a planned 40’ buffer where there is no existing forest but the applicants have proposed to put a berm there as well as evergreen plantings to further screen the Parkway. Mr. Mayer asked the developer to make the cross over to Moton Park as safe as possible while working with the Town Engineer. The developer stated that he would love to.

Mr. Ford stated that he liked the project. He stated that he felt that the developer has been listening to what is wanted in the community. Mr. Ford reiterated on Mr. Mayer’s concerns regarding the crosswalk and encouraged the developer to work with the Town Engineer. Mr. Ford suggested that the developer consider the extension of the rails-to-trails through the project.

Mr. Mayer stated that he is in favor of the project.

Mr. Reed questioned where the Rails-to-Trails crossing would be. Mr. Reed stated that the white space bothers him and questioned what would be there. Mr. Stagg stated that these developers do not own the space in question. Mr. Reed questioned if there are numerous traffic problems at Port and the Parkway. Mr. Reed stated that he would abstain on the consensus. Capt. Blue stated that he had not been briefed on this intersection.

Mr. Heinmuller stated that this project with the amenities meet the desires. He stated that with the income level proposed, any of the constituents in the Fourth Ward may actually be able to get into a first home. He stated that with the Rails-to-Trails going towards the Park, makes a lot of sense. Mr. Heinmuller stated that he is in favor of this project. He suggested that Town staff look at the open space requirements for future reference.

The President of the Council directed the Town Attorney to write legislation for an upcoming meeting.

The President of the Council brought discussion to the floor on an agreement between The Mid-Atlantic Coca-Cola Bottling Company and the Town of Easton.

Mr. Dan Brasington from Easton Parks and Recreation Board was present to address the Council. Mr. Brasington stated that the Park Board has not had a chance to discuss this proposal as representatives from Coca-Cola were not able to be present. He asked the Council to table this discussion until the Park Board has reviewed the matter.

The Town Attorney stated that this agreement is the result of Mr. Bob Rauch and Friends of the North Easton Park working in conjunction with Easton Little League. Mr. Kehoe stated that they did entertain competitive bids back and forth between Pepsi and Coca-Cola. He confirmed that the bidding had been done. The Town Attorney stated that Coca-Cola would be the official drink at North Easton Park and they would have the exclusive rights to sell soft drinks at that location and possibly, Moton Park and Idlewild Park. The Town Attorney stated that Coca-Cola will provide a contribution for the construction of the snack building at North Easton Park.

Mayor Butler stated that there are time constraints to build the concession stand at North Easton Park. He asked the Council to act on this to get the process moving along.

The Town Attorney stated that the Park Board could look at this and make a recommendation to the Council. Mr. Kehoe stated that the agreement could be approved this evening pending Park Board approval.

Mr. Mayer made a motion to approve the Coca-Cola agreement pending Park Board approval.

Mr. Heinmuller questioned if there is a community day at Moton Park, would Coca-Cola be able to come back on the Town if products other than Coca-Cola are sold during this event. The Town Attorney stated that this language had been removed from the document.

Mr. Ford seconded the motion for approval. He stated that his only concern was regarding the bid process. He stated that he wanted to make sure everything was fair to the competition.

Mr. Mayer’s motion was carried unanimously.

The President of the Council reviewed the Council’s calendar. He reminded everyone that there is a Town Election in May and anyone wanting to file a petition for candidacy should file it by April 2 at 4:00. Mr. Willey stated that the paperwork is available at the Town Office. The President of the Council stated that the positions for election this year are Ward 2, Ward 4 and President of the Council.

The Town Engineer stated that Public Works has been cleaning out storm drains around Town. He stated that this is a very important step to reduce flooding around Town. The Town Engineer stated that the work is continuing around Washington Street with the colonial streetlights. He stated that they anticipate finishing around mid March. Mr. Glass stated that they are working diligently to get trees replanted in that area. He stated that they are planning to have 20 large trees spaded into Moton Park this week.

The Town Engineer stated that he will be working with the Parks and Recreation Department and Public Works to get the budget in place.

Mr. Mayer asked what the status is for the left turn into CVS on Goldsborough Street. The Town Engineer stated that they are still working on setting up a meeting. He stated that they have initiated the process to meet with the storeowner and the property owner to sit down and look at some plans and discuss where to go from here.

Mr. Ford reminded those present that there will be a Visioning Meeting in the Council’s Chambers tomorrow evening at 7:00.

The President of the Council asked if there was anyone else to come before the Council. There were none.

There being no further business, the President of the Council entertained a motion from Mr. Mayer, seconded by Mr. Reed and carried unanimously to adjourn the meeting.

At 8:12 P.M., the President of the Council adjourned the regularly scheduled Council meeting.

Town Clerk