May 7, 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, Chief of Police G. Harvey, Town Engineer Mr. Glass, Assistant Town Engineer Mr. Gruber, Town Planner Mr. Hamilton, and Assistant Town Attorney Mr. Stephen Kehoe.

Mr. Mayer 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 April 12, April 16 and April 25, 2001, meetings as written, seconded by Mr. Heinmuller, and carried unanimously.

Mr. Ford presented a Proclamation for Foster Parent Appreciation Month to Foster Care Agency P.S.I. Family Services of Maryland in honor of the families here who generously open their hearts and homes to children in need of family.

Mr. Willey presented a memo from the Town Engineer regarding a crosswalk installation on Port Street. Mr. Heinmuller moved for this request to be granted, seconded by Mr. Ford, and carried unanimously.

Mr. Willey presented a letter from Mr. Steve Moore, EBMA regarding Easton Farmer’s Market 2001 Season requesting that the days for the Farmer’s Market be Wednesday and Saturday. Mr. Mayer made a motion for this request to be granted, seconded by Mr. Reed, and carried unanimously.

Mr. Willey presented a letter from Ms. Marie U’Ren requesting approval to hang a banner at Talbottown for the Antique Show. Mr. Ford moved for Ms. U’Ren’s request to be granted, seconded by Mr. Mayer, and carried unanimously.

Mr. Willey presented a letter from Mr. Tom Moore requesting approval for permits necessary for the Historical Society to sponsor the 2001 Decorator Show House. He noted that it had been approved through the Easton Police Department. Mr. Mayer moved for approval, seconded by Mr. Ford, and carried unanimously.

Mr. Ken Bush from the Easton Fire Department presented a copy of the activities of the Easton Volunteer Fire Department.

Mr. Willey brought Resolution No. 5733 to the floor authorizing the Town Clerk to abate and/or refund taxes due totaling $2,580.00. Mr. Mayer moved for authorization, seconded by Mr. Reed, and carried unanimously.

Mr. Willey brought Ordinance No. 428 "AN ORDINANCE OF THE TOWN OF EASTON APPROVING AMENDMENTS TO THE EASTON UTILITIES COMMISION’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" to the floor for approval. Mr. Mayer moved for passage, seconded by Mr. Ford, and carried unanimously.

Mr. Willey introduced Ordinance No. 429, "AN ORDINANCE OF THE TOWN OF EASTON REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 6A OF THE CODE OF THE TOWN OF EASTON ENTITLED "STORMWATER MANAGEMENT" to be voted on at the next meeting.

Mr. Willey presented a letter from Mr. William B. Stagg regarding a request by Mr. Lee Denny to Extend Existing Concrete Median within Erickson Drive right of way and add Tidewater Business Center Monument Sign. Mr. Hamilton noted that the Planning Commission did support this however he suggested to put this request off for a later meeting due to details that needed to be worked out. Mr. Willey agreed with the request to postpone.

Mr. Hamilton discussed the requested annexation of Town owned properties. He asked that this Resolution be introduced. He requested a date of June 18^{th at} 7:15 P.M. be set for a public hearing regarding. Mr. Hamilton asked that this be introduced. The President of the Council accepted this date.

Mayor Butler discussed a request from 3DI for the Council to go out and inspect the facility. He did not have a date but wanted an idea whether or not the council would be interested in going. Mr. Ford elaborated on the reasons behind the request and the things 3DI would like to offer the Town regarding the visioning process. Mayor Butler agreed to provide the council with some dates that this could take place.

Chief Harvey addressed the council regarding the approval of 2001 Decorator Show House and noted for the record that it does require a closing for a one block area and the one home affected inside that closure has been notified. The participants will be serving wine and hors d’oeuvres but on private property and off the main street. Their request is the street closing down from 8:00 A.M. until 10:00 P.M.

The Chief also explained that the application for Public Assembly has been received from the Samuel T. Hemsley Elks Lodge from Mr. Edward Marshall Bailey requesting for Sunday, June 24^th, 2001 from 2:30 to 4:30 PM. He discussed the route that the parade would be taking and asked that it be approved. Mr. Heinmuller moved for approval, seconded by Mr. Mayer, and carried unanimously.

Chief Harvey requested on behalf of the Farmer’s Market to approve the staff working directly with the Town in regards to parking and necessary street closures. Mr. Ford moved for approval, seconded by Mr. Mayer, and carried unanimously.

At 7:15 P.M., the President of the Council opened the Public Hearing for annexation and zoning for the lands of Swann Haven Limited Partnership. The President of the Council asked the Town Planner to speak on behalf of the Town and requested that Mr. Pullen be present at the next council meeting to answer any questions the new council members may have.

Mr. Hamilton discussed the location of this property and stated that the Planning Commission sent a unanimous recommendation to approve the annexation. He discussed a letter received from the Maryland Department of Planning advising that if this is annexed that this could become a priority funding area if this property is included in the Talbot County Ten-Year Wastewater and Sewer Plan. Mr. Hamilton suggested getting the amendment prior to the completion of annexation. Mr. Hamilton explained the process. He stated the total annexation proposed is 79 acres and they are requesting R-10A zoning which is our residential zoning classification.

Mr. Mike Pullen, Esq. was present on behalf of the contract purchaser in support of the petition for annexation. Mr. Pullen stated that the development that has occurred there to date has increased equity for those persons who have bought those homes. He stated that it has generated prosperity for young families as well as wholesome, safe neighborhoods. He asks that the council keep this mind when they consider whether they should vote in favor of this proposal. He then introduced Mr. Mike Wood for the presentation of the proposal.

Mr. Wood introduced himself as the project director development for Passyn & Passyn, who are the contract purchasers of the Swann Family property. He requested approval for the annexation. He presented a Power Point presentation and discussed the proposal. He suggested the continuance of annexation so that Passyn & Passyn may continue to provide housing options to the men, women and children of Easton. He stated that the number of homes to be built on this property allow purchase of building products in bulk and contract building trades at a much lower price. He referred to a handout that was provided. In conclusion, he asked that the Council support their annexation application.

Mr. Willey asked the Council if there were any questions.

Mr. Heinmuller asked if the Passyns owned the woodlands on the 35 acres of land and if there is any guarantee that the woodland property either would not be developed or otherwise changed.

Mr. Wood stated that it is owned by the Passyns and that the majority of land is wetlands that cannot disturbed under the Forrest Protection Act.

Mr. Ford commented on how he appreciates the degree of information provided by the developer and the applicant.

Mr. Reed asked for the total number of homes planned for the development.

Mr. Wood states that it would be in the area of 415 homes over the next 10-12 years.

Mr. Willey opened the floor to the public and requested comments be kept at three minutes.

Mr. Jim Swede, 29631 Tallulah Lane, Easton, expressed three areas of concern. He stated that one of his concerns was transportation. He questioned whether Route 328 can handle the traffic that will be produced due to the proposal of the new homes. Secondly, he stated he has concern with the police and fire protection and the ability to man the additional area. Mr. Swede stated that the police department should address the financial situation in order to maintain good police officers. Mr. Swede's last concern was the open space requirement. In closing he believes the annexation is in the best interest of the town. He urged the Council to pass on this annexation petition favorably.

Mr. Bob Sullivan, 8126 Colony Circle, Easton, stated that his comments were primarily directed at the community center and the fact that the structure is to be paid for by the developer and not the taxpayer. He feels that there isn’t a lot for the kids to do in the town and that this facility would help a great deal. He stated that he does support it and urges everyone to.

Mr. Tom Alspach stated that he is a property owner in Easton, but lives in the county. He expressed a different opinion of the proposal. He challenged whether or not we need it. He suggested that the Town will not be able to accommodate this growth.

Ms. Dianne Welty, 7772 Ratcliffe Manor Lane, Easton, stated that she is a member of the current visioning process in the Comprehensive Plan. She asked the Council table this annexation tonight until we have a chance to get a little further in the Comprehensive Plan process. She suggested we address this later on.

Ms. Ann Johnson, 9503 Swann Haven Road, Easton wanted to address the progress that they are making on Matthewstown Run. She expressed environmental concern for the stream that runs through that property.

Mr. Wood explained that the phase she was referring to was under preliminary/final approval. The reason the building has stopped at that point is because they cannot build any farther east until the substation that pumps sewage is completed. Mr. Wood stated that they will be able to utilize the pumping station that is being built back in section four, which is back in the wooded area. He explained that this is not an environmental hazard.

Mr. Herman Lednum, 29680 Tallulah Lane, Easton, stated that his equity has increased. He stated that he does support the annexation.

Ms. Libby Dawkins, 11 N. Thorogood Lane, Easton, questioned the specifics of the 35 acre woodland that cannot be developed.

Mr. Wood states that about seven acres could be developed in that area.

Ms. Dawkins also wanted to know who would maintain this in the future.

Mr. Wood suggested that it is possible that a Home Owners’ Association and the Town would possibly work out the best method.

Ms. Dawkins is concerned that the park is too close to the woodland that is wetland and questioned if the soil conditions are proper for a park.

Mr. Wood pointed out that they have done a study on 100-year flood plain in conjunction with the Town and stated that nothing they would propose would be within that 100-year flood plain.

Ms. Dawkins suggested more small parks

Mr. Wood explained the plans for the three parks they have proposed.

Mr. Otis Sampson, 322 Hopkins Place, Easton, introduced himself as the President of the Park Board for the Town of Easton, and introduced Mr. Dan Brasington, 9177 Honeysuckle Drive, Easton, also on the Park Board. Mr. Sampson wanted to know the costs of the homes. Mr. Wood stated that the entry level purchase price is around $125,000. Mr. Brassington wanted to know if the community center was going to be privately owned or that is was going to be deeded to the Town of Easton and built completely by the developer.

Mr. Wood agreed that it would be deeded to the Town of Easton and built completely by the developer with no expense to the Town. He stated that the large park would be completely outfitted by the developer.

Mr. Gene Mechling, 222 S. Washington Street, Easton, stated that he supported what Mr. Alspach said. Mr. Mechling suggested putting a hold on something of this nature until you get a feel for how you are going to go. Mr. Mechling questioned how you are going to develop in terms of what the current build out is. He was concerned about the schools along with the total adequate public facilities. In closing he suggested to go through the comprehensive plan and the visioning process first.

Ms. Rebecca Ellison, Oxford Road, from the visioning committee, stated she wants this proposal tabled until the comprehensive plan is a little better nailed down. She echoed what Mr. Alspach had said. She stated that the community is suffering from traffic.

Mr. Jim Sharch, 601 Goldsborough Street, Easton, asked the Council to consider jobs and aspects of this project that are involved in this project. He stated that the town and the Eastern Shore will grow. He asked the Council to give the developments and jobs to local people.

The President of the Council stated the public record will remain open until the close of business this Friday for any additional comments that may want to come in. He stated that written comments or phone calls will be accepted. The President of the Council stated that there may be a change in the composition of this council between now and the next meeting night and he asked Mr. Wood and Mr. Pullen to be available at the next meeting should there be any questions.

At 8:20 P.M., the President of the Council closed the public hearing and the council took a four-minute break.

The President of the Council reconvened the regularly scheduled Council meeting at 8:27 P.M.

The President of the Council introduced Resolution No. 5730, "A RESOLUTION TO ANNEX TO THE TOWN OF EASTON APPROXIMATELY 1036.67 FEET OF MATTHEWSTOWN ROAD, MD. RT. 328 AND CERTAIN LANDS LYING TO THE SOUTH OF SAID ROAD OWNED BY SWANN HAVEN LIMITED PARTNERSHIP, LYING EAST OF AND ADJOINING THE TOWN OF EASTON BOUNDARY SHOWN ON THE "SWANN FARM ANNEXATION PLAT" DATED OCTOBER 2000, TAX MAP 26, BLOCK 20, PARCEL 45, LYING EAST OF THE SUBDIVISON KNOWN AS MATTHEWSTOWN RUN, PHASE IV, CONSISTING OF SEVENTY-NINE AND 14/1000 ACRES OF LAND, MORE OR LESS AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF ANNEXATION."

The President of the Council introduced Ordinance No. 424, "AN ORDINANCE OF THE TOWN OF EASTON ASSIGNING THE MEDIUM DENSITY RESIDENTIAL (R-10A) CLASSIFICATION TO CERTAIN PROPERTY OWNED BY SWANN HAVEN LTD. UPON THE ANNEXATION OF THE PROPERTY BY THE TOWN OF EASTON" for a first reading.

The Town Engineer discussed the grant received from the Governor’s Office of Crime Control and Prevention to replace new heads on streetlights. He stated that this money has been secured and the work is beginning in the east and west end neighborhoods.

The Town Engineer updated the Council on the Rails-to-Trails extension. He stated that the anticipated construction start date is early June wrapping up in September.

The Town Engineer reported on construction updates on Kelly Gibson Street in preparation for new curb and gutter.

The Town Engineer stated that they are working with the paving contractor to get the paving scheduled and finished around town.

The Town Engineer stated that larvacide has been applied extensively throughout town for mosquitoes.

The Town Engineer discussed growth issues and the types of facilities that are put in the ground for sewage pumping by Easton Utilities. He stated that this is evidence of prudent planning and facility construction and by no means is an anticipation of how the town will grow.

Mr. Heinmuller discussed trees that had died after planting in the Brookletts area. Mr. Glass stated that there had been a few others also and they would be looked at.

The Assistant Town Attorney asked the Council to table consideration of a letter from LGIT regarding the Amended and Restated Trust Agreement pending review from their office.

The President of the Council reminded the Assistant Town Attorney regarding clarification from their office on Bill 808 and what it means to the Planning Department.

Mr. Ford reminded those present about the upcoming Habitat for Humanities Follies at Chesapeake College.

The President of the Council asked if there was anyone in the audience with additional comments. There being none, Mr. Mayer motioned to adjourn, seconded by Mr. Heinmuller and carried unanimously.

At 8:35 P.M., the President of the Council adjourned the regularly scheduled meeting.