April 16, 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. Reed and Mr. Heinmuller. Also attending the meeting were Mayor C. Eugene Butler, Town Engineer Mr. Glass, Assistant Town Engineer Mr. Gruber, Town Planner Mr. Hamilton, and Town Attorney Mr. Kehoe, who arrived at 7:07 P.M.

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 March 28, 2001 and the April 2, 2001 meetings as written, seconded by Mr. Reed, and carried unanimously.

Mr. Heinmuller presented employees of the Shore Health Laboratory with a proclamation honoring their professional practice in the medical laboratory field. The proclamation designates April 15, 2001 through April 21, 2001 to be "National Medical Laboratory Week" in recognition of all of the employee’s dedication and services.

Mr. John Nevins, Administrative Director Shore Health Laboratories stated that on behalf of the laboratory professionals of Shore Health Systems in Easton and Dorchester County, they would like to thank the council for the proclamation and the acknowledgement of all good work the laboratory professionals and Shore Health Systems are doing.

Ms. Terry Startt was present to address the council regarding a request for park improvements in the vicinity of Corbin Parkway. She stated that she lived in the Corbin Parkway development and there are 451 houses, approximately 1800 residents, and 900 children. Due to the large number of residents in the development, there is no place for the children to play at all. As far as she knew, there had been at least 20 acres of land that had been set aside and has not been used. She went on to say that she would like the council to consider putting a community park there for the children. The majority of Corbin Parkway and the surrounding neighborhoods do not have any sidewalks. Mrs. Startt stated that many of the residents of the development agree that they would like to see a park area included within the development. She had spoken to Mr. Hank Corbin and he told her that he exchanged money in lieu of land to the town and she asked if the town could use the money given to it by Mr. Corbin to purchase land for a park on the other side of Corbin Parkway.

Town Planner Mr. Hamilton stated that Corbin Parkway has donated approximately $7,000.00 and still owes about $18,000.00 for a total of approximately $26,000.00. However, the money can only be used for the purchase of land, it can not be used to add facilities in a development.

Mrs. Startt asked if the land adjacent to Shirley Drive was available for purchase so that a park could be constructed. She stated that she had put an editorial in the newspaper a couple of weeks prior to the meeting, and she has gotten several calls from concerned parents and elderly citizens who are afraid for their children or themselves because the traffic is so high and there are no sidewalks. Mrs. Startt stated that she understood that the police were supposed to monitor the area of the main drive at least three times during each shift. However, if the police were monitoring the area, maybe the speed limit could be enforced because she has seen cars ride past her at the speed of at least 40 or 50 mph. There are only two speed limit signs that she has seen. She asked to have the speed limit enforced.

Chief Harvey stated that the police department does not have a daily time check for Corbin Parkway, but there is a sector officer who is responsible for that area. He stated that Mrs. Startt was correct about the speeding in that area.

Mrs. Startt asked what she would have to do in order to get some sidewalks in the area.

Mr. Hamilton stated that when most of Corbin Parkway was developed, sidewalks were not a requirement. However, about 13 or 14 years ago, there was a change in policy. The Town Code requires that the adjacent property owners have to for the charges. Normally the developer would pay whatever the cost may be and it is reflected in the cost of the lot or the house.

Town Attorney Mr. Kehoe confirmed what Mr. Hamilton said. He also stated that sometimes the property owner is responsible for the cost and sometimes the town is, but rights of way are open there for sidewalks. Due to past experiences, the planning commission has imposed the mandatory sidewalk requirement for residential subdivisions. The town could build the sidewalk similar to other properties, but it is not required for the property owner to consent to because the sidewalk would be located in an area that is on the property owner’s side of the curb.

Mr. Heinmuller stated that there may be ways to develop and modify the street. If the street were narrowed, it would slow down traffic, then create a bit of a sidewalk.

Mr. Hamilton discussed traffic calming using painted areas on the street.

Mr. Ford asked if there had been an instance where the town has imposed the retrofitting of sidewalks.

Mr. Kehoe stated that none came to mind where it has been an expensive residential community.

Mr. Ford stated that the reason he asked was that it was not hard to imagine that people may like the concept of sidewalks. However, but if they receive a bill for a one hundred foot lot in a ballpark figure of twelve hundred dollars, they would have to pay that amount.

Mr. Chris Startt asked if there was something that could be attached to property taxes or a five-year period if it cost twelve hundred dollars.

Mr. Willey asked if there were any state or federal grants available for an area like Corbin Parkway.

Mr. Kehoe stated that a couple of years ago, a grant was looked at for Stoney Ridge, at that time, there were none available.

Mr. Glass stated that he had not found anything recently that would qualify for the construction of sidewalks.

Mr. Willey stated that of the items Mrs. Startt presented, two of them were doing well so far. He went on to say that more research would have to be done on the sidewalk issue. If need be, a community meeting may need to be scheduled to let people know exactly what is going on, what the cost may be, and what the time frame for payment of those costs may be.

Mrs. Startt asked if the park board had already submitted their budget for the next fiscal year to the town council.

Mr. Willey stated the budget had not been looked at or approved.

Mrs. Startt stated that Matthewstown Run is also asking for a park and they are included in the budget as of right now. She went on saying that she didn’t think it was fair that they are included in the budget because no one had been to any of the meetings, and they were still included in the budget.

Mr. Mayer stated that he was glad to see that the people in the Corbin Parkway development want a park. About six or seven years ago, there was a conflict when the people understood that it would have been a public park, they got very upset and did not want to go through with the plan. Now, however, the people do understand the importance of the park and he would do anything to help because a park in an important part of the community.

Mrs. Startt stated that there should not be an entrance off of Rt. 50 because if would create more problems.

Mr. Reed asked about the money Mr. Corbin is giving for the connecting road on the east side.

Mr. Hamilton stated that at this time, the town is collecting two impact fees from Mr. Corbin. He is paying his contributions for the upgrade on Dutchman’s Lane; he is also contributing for a park.

Mr. Reed asked if it was standard procedure for developers to contribute not only the land, but also money towards the equipment that is to be put on that land.

Mr. Kehoe stated no, because the concept that the developer in a large development could make a cash contribution instead of setting aside land, is not something that the town has done in any other situation except for Stoney Ridge. The ordinance allows planning commission to waive that requirement and substitute, instead of land, payment of money for acquisition of park land somewhere else.

Mr. Reed stated that the issue of what the developers have to do and what they should be helping to pay for should be looked into.

Mr. Dan Brasington of the Park Board, stated that he supported Mrs. Startt’s contentions.

Mr. Willey brought forth a ballot for the Local Government Insurance Trust Board of Trustees for approval.

Mr. Mayer motioned for approval for the ballot, seconded by Mr. Reed and carried unanimously.

Mr. Willey brought forth a memo from the Town Clerk requesting approval for the sale of the 1996 Chevrolet Blazer to the Easton Volunteer Fire Department.

Mr. Mayer motioned for approval for the sale of the blazer, seconded by Mr. Reed and carried unanimously.

Mr. Bill Russell, Manager of Cable Communications Department at Easton Utilities was present to give an update on the cable rebuild project. Mr. Russell stated that he expected the project to be complete by the end of the week. As part of the rebuild, 18 channels were added to the cable system.

Mr. Willey introduced Ordinance No. 428 AN ORDINANCE OF THE TOWN OF EASTON APPROVING AMENDMENTS TO THE EASTON UTILITIES COMMISSION’S TARIFFS FOR WATER, WASTEWATER AND ELECTRIC SERVICES REGARDING LATE CHARGES, RECONNECTION CHARGES, RETURNED CHECK CHARGES AND A DISPUTE RESOLUTION PROCEDURE FOR THE ELECTRIC SERVICE TARIFF.

Mr. Willey brought forth a letter from Mr. George Beer regarding Magnolia Meadows, Ordinance No. 427 AN ORDINANCE OF THE TOWN OF EASTON GRANTING THE APPLICATION OF PORT ASSOCIATES LIMITED PARTNERSHIP AND RETIREMENT COMMUNITY OF EASTON, INC. FOR AN AMENDMENT TO AN EXISTING COMMERCIAL MEDICAL DEVELOPMENT UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE, and a memo from Mr. Kehoe.

Mr. Kehoe discussed the history of the Magnolia Meadows project.

Mr. George Beer was present and thanked the council for the support that has been provided year in and year out. He went on saying that he appreciated the passing of the resolution. When the resolution was forwarded to the Maryland Department of Housing and Community Development, there were not any problems with the resolution or the agreement, except for one paragraph. The paragraph seemed to be a little open-ended as to the possible uses of the $75,000. The MDHCD does not have any problems with the town saving the money as long as the expenditure of the funds is somewhat project related.

Mr. Ford stated that there would be a $75,000 set aside in a development budget for a home ownership program. He asked if there would be programs available within the Magnolia Meadows development to assist tenants like the existing programs that are used within some of the other developments that are operated by Mr. Beer.

Mr. Beer stated that the exact nature of what the $75,000 would be used for is not specified at the current time. That would be something that would need to be discussed with the Town Council to work out the mechanisms of how the money would be used. He went on to say that in addition to the program funds that are being set aside on an annual basis to assist tenants in the amount of $250.00 per resident per year for residents who move out into home ownership. The money would be an addition to, if in fact, the town decided to go the home ownership route. The other alternative would be the pedestrian trail, walking trail alternative down in that end of town, which is also a desire of the council.

Mr. Ford asked if the $75,000 would be administered by the town or by Delaware Valley.

Mr. Beer stated that the town was more comfortable having the money to ensure that it got spent. He went on to say that he thought the MDHCD had a concern over the form as they did the substance of the agreement and the appearance of such an open-ended sentence as to what the money could be used for.

Mr. Heinmuller stated that in a conversation prior to the meeting between Mr. Beer and himself, they had discussed the linkage of the town and the town center to the Magnolia Meadows project. The idea of infrastructure that would connect through South Washington Street and the town center may have been the MDHCD’s concern because the council had not decided on what should be done. Mr. Heinmuller asked if spending the $75,000 on roads, trails, or other things that are already required by the council could reduce the cost of the development that has been proposed.

Mr. Beer stated that it is possible to reduce the cost, but it was not the intent. He went on to say that he was comfortable with the agreement as it was. He also stated that he was more than willing to place the money aside so that whatever is done with it, he would not have control over the sum it is intended for. The agreement is written so that the council does have some control over the expenditure of the money.

Mr. Heinmuller stated that in the beginning the idea of having rental property in the town was suggested. He went on to say that he had not heard that a continuous set aside agreement had been planned; to set aside funds so that people would be able to get their first house. He asked if that was something that Mr. Beer was adding or if it had already existed.

Mr. Kehoe discussed the details of the agreement.

Mr. Reed asked if Mr. Beer was interested in helping the homeowners to buy the homes that will be rented.

Mr. Beer stated that yes. He went on to say that there were two issues to be discussed concerning home ownership and first time home buyers. The first issue was having money there to pay for the down payment and the closing costs for the first home. He would like to have the people put money into a fund so that as they move from rental into home ownership, they would have some help, financially. The second issue was to work with the various providers of home ownership counseling.

Mr. Reed asked what the cost of a rental property for a homeowner to buy instead of renting it.

Mr. Ford stated that the assistance would be called home ownership off-site.

Mr. Beer stated that what they would be doing is to take a certain amount of money each year and setting it aside so that the tenant would be able to use it to buy their first home.

Mr. Mayer asked Mr. Kehoe if the council says that they want the $75,000 in a fund for first time home ownership, and it is a fund that is controlled by the town with Mr. Beer giving $250 a year for people renting, would the MDHCD agree.

Mr. Kehoe discussed the history of the project. He stated that it was felt that home ownership through Habitat for Humanity and other projects to encourage housing opportunities for low and moderate income persons in town was the preferred way to go. Others felt that rental housing was a need as well. Another concern had to do with the location being somewhat distant from the sidewalk system of the town. Some suggestions were that Mr. Beer buy additional land on another site to use for home ownership purposes, or to incorporate a home ownership component in his Magnolia Meadows project at the current site. However, he was unable to accomplish that. Mr. Beer was trying to accomplish a separate area with lots for home ownership, which did not work; therefore the money came in as a substitution.

Mr. Beer stated that the MDHCD’s only concern was the appearance of the agreement.

Mr. Mayer stated that he would not have a problem if the town wanted to create an escrow fund which would be for the people who would be living in the Magnolia Meadows development and later decided to develop a home ownership plan.

Mr. Beer discussed his perspective of home ownership.

Mr. Reed asked if a person would have to buy a home in Easton.

Mr. Beer stated that he would look into that issue. However, when there are tenants who have been setting aside money and plan to move into home ownership, they would not have to necessarily buy a home in Easton.

Mr. Ford moved for approval of Ordinance No. 427, seconded by Mr. Mayer and carried unanimously.

Mr. Kehoe stated that a document would be provided stating that the $75,000 would be used for Magnolia Meadows for purchases in Easton.

Mr. Willey brought forth a list of invoices totaling $318,172.55 for approval.

Mr. Mayer motioned for approval of the invoices, seconded by Mr. Reed, and carried unanimously.

Mr. Willey stated that at the present time, there were no budget workshop dates set.

Mr. Duane Pippen of the Easton Volunteer Fire Department was present to give a report. Mr. Pippen thanked the council for the 1996 Chevrolet Blazer. He went on to say that Chief Jones would like permission to take Aerial Tower 61 and Engine 63 to the Ocean City Convention for the Maryland State Fireman’s Parade, which will be held on June 19, 2001.

Mr. Mayer motioned for approval of the Fire Department participating in the parade in Ocean City, seconded by Mr. Heinmuller, and carried unanimously.

Mayor Butler stated that he planned on leaving at 5:45 P.M. for the ESAM Dinner at the Cambridge Yacht Club. He asked if there had been an update on the St. Peter & Paul parking issue.

Mr. Mayer stated that there would be a meeting held on April 25^th.

Chief Harvey stated that he had two requests, the first one was from Mr. Richard Barrow regarding the Easton Celebrations’ Old Tyme July 4^th Celebration. He went on to say that 8,000 people are expected to attend this year and they would like to request traffic control from the Police Department on July 4, 2001.

Mr. Mayer stated that the festivities would be starting at approximately 4:00 P.M., and the fireworks would start at approximately 9:30 P.M.

Mr. Heinmuller motioned for approval of the July 4^th celebration, seconded by Mr. Reed, and carried unanimously.

Chief Harvey stated that he had a request from the committee to salute Kelley Gibson, the program would be taking place on April 27^th starting at 2:30 P.M. until 7:00 P.M., but the parade would be starting at 4:00 P.M. and lasting until approximately 5:30 P.M.

Mr. Mayer asked if there was a way that the route could be shown.

Chief Harvey described the route of the parade and the steps that the police department would take ensuring safety.

Mr. Ford asked if anyone from the committee come forth with volunteers to help during the parade.

Chief Harvey stated that as of the time, no volunteers had come forward. He went on to say that at least ten of the intersections, which are used in crossing guards, bicycle outreach people, and command staff would still allow for adequate services on a Friday evening as far as mobile patrol units are concerned.

Ms. Mooneyne Jackson was present and stated that the committee had not been told that volunteers were needed, but if they are needed, than the committee would accommodate. Ms. Jackson went on to say that if there were some safety concerns, she would get the necessary help.

Chief Harvey stated that at least 14 volunteers were needed, and a limited training program would be conducted.

Mr. Heinmuller stated that he was concerned about ambulance access to the hospital, and due to the parade going past the hospital, had a route that would go pass Harrison St. been considered because that area is less traveled during that time.

Ms. Jackson stated that if emergency vehicles needed to get to the hospital, then participants in the parade would move aside so that the vehicles would be able to get through.

Chief Harvey stated his concern was mixing foot traffic with vehicle traffic.

Mr. Ford asked if someone was interested in volunteering for traffic control, would they contact Ms. Jackson.

Ms. Jackson stated that she would like anyone who would like to volunteer to contact her. She went on to say that she would like to have a "gala affair" for Kelley that would be exciting to the community, and to involve as many people who have expressed their interest, in keeping with the safety issues.

Mr. Ford motioned to support the parade based on a enough volunteers adequately trained prior to the parade, seconded by Mr. Reed, and carried unanimously.

Mr. Mayer asked about the intersection of Dover St. and Washington St., how long would the intersection be involved in the parade.

Chief Harvey stated that it depended on the walking units.

Mr. Mayer described experiences with other parades that had been held in the town.

There was no report from the Town Attorney.

Mr. Glass, Town Engineer was present to give an update on the mosquito program and what the public works department does. He went on to say that the public works department has begun spraying and activities have been taking place to try to control mosquito larva. They are trying to cover the entire town on an every other week basis. The most important part that can be done on the resident’s behalf to try to prevent large mosquito populations, by minimizing containers that may hold water. Further details of the program were discussed.

Mr. Glass stated that the MD Scenic Byway signs that are seen uptown were put up by the State Highway Administration, the signs were discussed at the last meeting. Mr. Glass plans to have the signs put back up in two locations downtown. In the next few weeks, adjustments will be made on Goldsborough St. to accommodate an additional eastbound stack lane. Signs that will be placed near the CVS Pharmacy location that state "Right In, Right Out" have been ordered and are expected to arrive in a week. Finally, a notice of concurrence of award from the State saying that it was alright to award the Rails-to- Trails bid to the lowest bidder was received. Actual construction activity will begin near the middle of May and it should be completed sometime in the fall.

Mr. Willey stated that he received a letter from the Maryland Department Environment about the permit for the Wastewater Treatment Plant for a public hearing, which will be held on June 7, 2001 at 6:30 P.M. at the Talbot County Free Library.

Mr. Ford gave an update on the progress that is being made at the Visioning Meetings.

Mr. Mayer thanked Mr. Glass for the Goldsborough St. and CVS updates.

Mr. Reed stated that there had been a lot of volunteers in the town and a lot of commissions, and he would like to see some improvement in helping the commissions identify what their jobs really are.

Mr. Willey opened the floor to the audience for comments.

Mr. Lawrence Claggett stated that at the intersection of Oxford Rd. and the bypass, there is a Scenic Byway sign. He wanted to get an understanding that the signs were not a function of the town, but the state.

Mr. Glass stated that the signs were placed around town by the State Highway Administration.

There being no further business, Mr. Mayer made a motion to adjourn the meeting, seconded by Mr. Reed and carried unanimously.

At 8:39 P.M., the President of the Council adjourned the regularly scheduled meeting.