October 15, 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.

The following Council members were present: Mr. Ford, Mr. Jensen, Mr. Reed, Ms. Jackson-Amis and President of the Council Mr. Willey. Also attending the meeting were Mayor C. Eugene Butler, Chief of Police George Harvey, Town Engineer Mr. Tim Glass, Assistant Town Engineer Mr. Joe Gruber, Town Attorney Christopher Kehoe and Town Clerk Mr. Karge.

Ms. Jackson-Amis opened the meeting with prayer. She led those present in the Pledge of Allegiance.

Upon motion by Mr. Ford seconded by Mr. Reed and carried, minutes of the September 26 and October 1, 2001 meetings were approved as written.

Chief Kelly Jones of the Easton Volunteer Fire Department was present to report on the Fire Department’s activities. Chief Jones stated that a committee had been working on replacing a piece of apparatus that is owned by the Town under the 20-year plan. He stated that the final bid opening had resulted in Emergency 1 out of Florida being the low bidder, $12,000 less than Pierce. Chief Jones distributed copies of the specifications to the members of the Council. He stated that the bid came in at $331,299 but the committee added $22,638.88 in additional miscellaneous equipment making the truck $353,937.88 which is $21,000 under the amount budgeted. He stated that at this point, E-1 has written a contract to the Easton Volunteer Fire Department. Chief Jones stated that the committee asked if the Town would give them approval for $5,000 for changes during the building process that would be reported back to the Council. Chief Jones stated that the leeway was necessary to alleviate delays. Chief Jones discussed the assembly process. He stated that the building date is approximately 210 calendar days from the day the contract is signed.

Mr. Ford asked Chief Jones to explain the 20-year plan. Chief Jones discussed the apparatus owned by the Town and the pieces owned by the Fire Department. He discussed the 20-year replacement plan instituted by the Town and the Fire Department Trustees to stagger replacement of equipment. Chief Jones stated that this is the Town’s engine that is being replaced.

Mr. Jensen questioned the leeway and asked if it would be similar to a change order. Chief Jones stated that is correct and he will make sure the Council is aware of any changes. Chief Jones stated that he felt that $5,000 would be enough for changes.

The Town Attorney asked if the $5,000 would be for each change or a cumulative amount. Chief Jones stated that it would be cumulative.

Mr. Ford made a motion to approve the low bid as suggested by Chief Jones and to approve the $5,000 cumulative amount for changes. Mr. Ford’s motion was seconded by Mr. Jensen and carried unanimously.

Mr. Timothy Dills was present to address the Council regarding the development of a portion of the RTC property.

Mr. Dills stated that he resides at 9780 Leeds Landing Road in Easton. He stated that he is proposing to buy 28 acres of the RTC property for $784,000 and provide $100,000 to the Park Board for the development of the adjacent eco park in conjunction with his proposed development.

Mr. Dills stated that he would ask Mr. Stagg to describe the product. Mr. Dills stated that he has been working on this project for more than a year and a half. He discussed the history of Victoria Walk on Goldsborough Street, the buildings on West Street he refurbished and the Maplewood development. He stated that when they got Talbottown, they were 65% vacant. Mr. Dills stated that the projects were all done at the right time at the right place and were done well. He stated that this project will also have the same circumstances. He stated that these houses will fill a void for 99 houses; 65 of which will be priced between $135,000 and $165,000. Mr. Dills discussed the across town access road that is built into this project.

Mr. Bill Stagg, landscape architect and land planner was present on behalf of Mr. Dills. Mr. Stagg stated that it is unusual in these days that you see a project within the confines of old Easton. He stated that there is an opportunity here to change direction on how growth occurs within the town and how it ties and links to existing neighborhoods. Mr. Stagg discussed projects that do not comply with the State’s Smart Growth Plan. Mr. Stagg stated that this project allows the town to take a positive step in making a statement to the public that this is the kind of project and the kind of direction we would like to go. Mr. Stagg stated that the site is at the end of the Chapel Farms development that was started in the mid 80’s. He stated that this development proposal would be 28 acres. Mr. Stagg described the proposal of being a 99-lot development that will have a mixed architectural and mixed residential product. There will be four unit types on different lot sizes. Mr. Stagg described the housing products and prospective residents, which he stated, are single family lots. He stated that the density for this project is 3.6 DUs for acre, with a net density of 4.4 DUs per acre, which is a very typical town scale. Mr. Stagg described the large village greens proposed in the project. Mr. Stagg discussed the connector road and the need for good planning. He stated that this project will link to the Chapel Farms development and connects Laurel Street. Mr. Stagg stated that they propose an integrated subdivision with existing neighborhoods and left 30 acres for an eco park. He stated that proposing this development is usually done as a PUD much later in the process but the Council is being given the opportunity to see what the developer is proposing. Mr. Stagg discussed the six supplemental findings of a PUD and stated how well this project meets those standards. Mr. Stagg encouraged the Council to consider the proposal seriously.

Mr. Stagg introduced Mr. Phil Hoon, Esq. Mr. Hoon stated that he would like to mention two things in this project. Mr. Hoon stated that his office is in Chestertown where he practices law. He stated that Mr. Dills came to him and asked him to take a look at the project. He found that the project fits within Visioning 2030. He said that the three things that are recognizable is that the Town of Easton recognizes that they are going to be growing over the next twenty years. Mr. Hoon said that the Town needs to think about lower density developments consistent with the way the town has developed historically. He suggested infilling. Mr. Hoon suggested raising the bar in developments. He said that the town has set the standards and Mr. Dills is willing to develop this land as stated in the Visioning standards.

Mr. Hoon presented a letter of intent from Mr. Dills offering a purchase price as well as $100,000 for the park. He said that the letter of intent is a shaking of hands saying lets go forward. Mr. Hoon said that the Town does have the control and can revise the PUD. Mr. Hoon stated that he will welcome the opportunity to work with the Town.

Mr. Dills stated that you cannot get a good project by writing Zoning Ordinances. Mr. Dills stated that he is offering a different process. He stated that he wanted to do this project because it just seems right for the area and right for the town. Mr. Dills stated that he hopes that the Council will take it into consideration.

The President of the Council, Mr. Willey, stated that about three weeks ago, the Council responded to an offer to sell the RTC property. Mr. Willey stated that they told the interested party that the property was not for sale. The President of the Council stated that he felt Mr. Dills’ offer was quite generous. He stated that he also had some concerns regarding the contract.

Mr. Ford stated that he has not seen this project before and he has no doubt that it will be a quality project. He stated that he suspects it may also increase the property values of those already established. Mr. Ford stated that one of the things he is philosophically wrestling with is that the town purchased the RTC property with the intent to develop it as an open space park. Mr. Ford stated that 30 acres is a large parcel to develop as a park but he is concerned that with Easton’s growth, is a 30-acre park going to big enough in 10 years. He questioned if it is prudent for the Town to consider giving up nearly half of the land.

Mr. Dills stated that if you have a 58-acre park, you will have buildings and people that are not from the area in the park whereas a 30-acre park would be more a passive park. He suggested getting a professional planning organization to plan a park for the residents on the east- side of Route 50. He stated that his proposal is shrinking that park to a size to fit the neighborhood. Mr. Dills discussed the negative aspects of having a regional park.

Mr. Dills discussed the proposed road, which he stated could be a beautiful entrance into Town.

Mr. Ford questioned the proposed town collector road. He asked if the Town would be responsible for building and maintaining that road. Mr. Dills stated that the development would not require this road but was proposed as a natural extension.

Ms. Jackson-Amis stated that she wondered if the documents Mr. Kehoe spoke of which were not included in this contract were really a true stumbling block. The Town Attorney stated that he believes it is. He advised the Council to research the matter with the FDIC, the successor of the Resolution Trust Corporation.

Mr. Hoon stated that if it was an obstacle, it is not insurmountable. Mr. Hoon stated that a ruling could be obtained from Circuit Court, a declaratory judgement or present it to a title insurance company. Mr. Kehoe stated that the right thing to do is to go to the organization that we promised to make it a park and see if they consider it a park.

Mr. Jensen discussed the stormwater management issue the Town Engineer spoke about at the previous meeting. He stated that the reason he would consider this proposal is the east/west collector road proposed in the development. He asked the Town Engineer if he had looked at the east/west traffic issue and what his opinion is on the matter.

The Town Engineer stated that he has looked at the east/west traffic issue. He stated that he has entered into a contract with a traffic consultant to discuss traffic assessments for major and minor improvements. Mr. Glass stated that he has spoken preliminarily with a traffic consultant. Mr. Jensen asked if this project could help fund the stormwater management issue. Mr. Glass stated that it was possible but they are considering options in that lower tract. The Town Engineer stated that funding will be a major issue.

Mr. Jensen asked how the development would impact the view down the Rails-to-Trails. Mr. Stagg discussed landscaping and softening the view. He stated that he does not see a conflict and they do not plan to impact any of the trees.

Mr. Ford asked what the next process would be. Mr. Kehoe stated that the decision would have to be made whether the interest is there to pursue the proposal. He stated that there had been other interests in the property and typically, a sealed public bid process is usually followed. He advised someone from the Town to approach the FDIC regarding the interests the agency has in this matter.

Mr. Carl Chapman stated that he is on the Board of Directors for the Chapel Farm Homeowner’s Association. He stated that their organization would like to publicly come out in favor of this project. Mr. Chapman stated that Mr. Dills has been working on this project for about 15 months and has kept them involved and informed. He stated that they feel that this project is in the best interest of Chapel Farms community. Mr. Chapman stated that he feels that 30 acres is a large enough park.

The President of the Council stated that the Economic Task Force is present to address the Council with their findings and recommendations. Mr. Heinmuller introduced members of the Task Force, Ms. Barb Barrowcliff, Mr. Durrie Hayes, Mr. Steve Mangassarin, Ms. Ellen General and Mr. Ed Miller. Ms. Vergie Tilghman, another member was not present. Mr. Heinmuller stated that the Task Force had met about seven times. He stated that they had set up with a purpose of developing a job description and effective organizational structure to manage economic development in the town of Easton. He stated that their desired outcome is to provide qualified candidates for the position of Easton Economic Development Manager and then to recommend a short list of candidates to the Mayor. Mr. Heinmuller outlined the history of the affiliations that Easton does belong to. He stated that this position should be viewed as an investment in moving to a situation where economic development is well served by the person hired. He described the strengths, weaknesses and opportunities in the town of Easton. Mr. Heinmuller described the tie-in with the Main Street program. He outlined the job description and the strategies for the position.

Mr. Heinmuller opened the floor for questions.

The President of the Council asked that a set of the slides be copied for the Council. The President of the Council asked where the project is at this point. He asked if the position is ready to be advertised. Mr. Heinmuller stated that they are ready. Mr. Willey asked for the salary range. Mr. Heinmuller stated that they are looking at a salary spread of $36,500 and $47,000 depending on a number of factors.

Ms. Jackson-Amis stated that she understands that the position is paid by the Mayor. Ms. Jackson-Amis questioned how this makes this job a private sector job as opposed to a governmental position. Mr. Heinmuller stated that in the first year or so, the job will be full-time reporting to the Mayor but hopefully, there would be a transition to solid line to the Main Street Board, dotted line to the Mayor, ultimately. Ms. Jackson-Amis stated that she does not see the Town Council in the scheme. She asked if there was a reason the Council would not be a part of this. Mr. Heinmuller stated that the Town Council would be a very strong part of the final interview process. The Task Force hopes to interview the candidates, select a limited number of candidates and have the Town Council and Mayor be present for the final interview process but the person would ultimately report to the Mayor. Mr. Heinmuller stated that a staff level position such as this one, is almost always approved following advice and consent of the Council.

Ms. Jackson-Amis stated that what she is looking at, the way the Economic Development Manager would operate and within the context of the short-term and long-term development concerns of the town, there has to be a way for the Town Council to give its imprimatur for whatever is going on or not or to interact somehow because ultimately it is the Mayor and Town Council that needs to support the economic development process in the town. She stated that this would be something that would need to be revisited somehow so the Council would be a part of the overall process.

Mr. Heinmuller stated that as the ongoing day to day business, certainly the Town Council has interaction with the department heads as they sit at the table head. He stated that one of the strongest features the Task Force came up with, is that the Economic Development Manager would in fact sit at that table and be available and accountable to the Town Council and President at the Town meetings.

Mr. Ford asked if it is typical that there is a member of the governing body as a member of that board. Mr. Heinmuller stated quite typical.

Mr. Jensen asked for clarification on the privatization of this position down the line. He asked if there was a time-frame.

Mr. Heinmuller stated that they considered three to five years. Mr. Jensen asked what happens in five years when the Mayor is no longer funding this position. Mr. Jensen asked if the Mayor looses control. Mr. Heinmuller stated that the Mayor and Council would still be funding a portion large enough for the person and will want to keep government involved.

Mr. Durrie Hayes stated that the person would be getting grants. He stated that the business community will kick in but he stated that he feels the majority of the salary will always be between the town’s contribution and the grants.

Mr. Heinmuller stated that with no disrespect, he believes that business people tend to do business better than governments. He stated that they will recognize and react quicker and more efficiently because they are looking at their own economic viability.

The President of the Council commended the Economic Task Force for the work they have done and the thorough presentation.

Mr. Ford made a motion to post the Economic Development and Main Street manager’s job, seconded by Mr. Jensen and carried.

The President of the Council brought Resolution No. 5750 to the floor authorizing the Town Clerk to make budget transfers for the demolition of the house on Plum Street located on the RTC property.

The President of the Council asked for any questions.

Mr. Ford made a motion to authorize the Town Clerk to make the budget transfers, seconded by Mr. Jensen and carried unanimously following a roll call vote.

The President of the Council brought a letter to the floor from the Waterfowl Festival Commission requesting approval of the food concessions for the 2001 Waterfowl Festival. Mr. Willey asked for any questions.

Mr. Jensen moved approval of the food concessions for the 2001 Waterfowl Festival seconded by Mr. Ford and carried unanimously.

The President of the Council brought a memo to the floor from the Town Clerk requesting a public hearing for the Local Law Enforcement Block Grant. The President of the Council set the hearing for November 5 at 7:15 P.M.

The President of the Council brought a letter from Ms. Katie Kwashnik, Junior Class President, inviting the Mayor and Council to act as judges for a Patriotic Homecoming Parade on October 26 at 4:00 P.M. Mayor Butler stated that the Council will judge the parade at the Idlewild Tennis Courts at 4:30 P.M.

The President of the Council brought invoices to the floor for approval of payment in the amount of $417,256.63.

Upon motion by Mr. Reed, seconded by Mr. Jensen, invoices in the amount of $417,256.63 were approved for payment.

The President of the Council stated that the Fire Department had addressed the Council except for one item. He stated that there was a request for burning at the Easton Club East by Bryan Brothers. He stated that they have a pile of brush situated off Dutchman’s Lane. He stated that they have the approval of the Fire Department and Talbot County Health Department.

Mr. Ford moved approval of the burning, seconded by Mr. Jensen and carried unanimously.

Mayor Butler encouraged residents to show their patriotism and fly their flags. He stated that a concerned citizen, Ms. Ruth Donnelly is getting a group of people together to raise funds for the purchase of banners to put on the Town of Easton’s poles.

Chief Harvey stated that he had one request from Ms. Barbara Barrowcliff on behalf of the Easton Business Management Association for their annual Halloween Parade between 12:00 noon and 3:00 p.m. on Saturday, October 27. He stated that the parade route is not firm yet but they are expecting between 200 and 300 children. Chief Harvey stated that the Avalon Theatre will be the site in case of inclement weather. He stated that the route for the parade will be the businesses in the downtown area.

Mr. Ford moved approval of the parade seconded by Mr. Jensen and carried unanimously.

The Town Engineer discussed the inventory of the Town’s street trees. He stated that volunteers are doing things to help us inventory what sort of resources the town has in the parks and on the streets for long term maintenance and replacement needs. Mr. Glass stated that this is being incorporated into an interactive mapping system that can be effective in maintaining trees and other amenities.

The Town Engineer stated that a Do Not Block Intersection sign has been installed on Route 50 on Hawkes Hill Road.

The Town Engineer stated that they have completed the installation of the east and west end lights for which a $10,000 grant was received for. The Town Engineer stated that he will keep everyone up to date on the traffic analysis that is going on. He distributed invitations to the Rails-to-Trails Northern Extension Celebration at 10:00 a.m. on October 27 at the Railroad Station. He stated that representatives from the State Highway Administration that have been involved in the project will be present. Mr. Glass stated that the finishing touches still need to be accomplished.

The Town Engineer stated that the leaf pickup will be started around October 29. Mr. Glass stated that the leaf pickup scheduled will follow the bulky trash schedule. He reminded everyone not to put the leaves in the gutter.

Mr. Jensen asked if there is an alley, would the Public Works Department prefer the leaves in the alley. The Town Engineer stated that they do not have the resources to get the leaves in the alleys.

Mr. Ford asked who was responsible for cleaning the area near Tanyard Branch under the bridge on the Rails-to-Trails. The Town Engineer stated that he believes that the Easton Rotary Club was involved. Mr. Ford stated that they did a great job.

Mr. Jensen stated that some of the trees on Hanson Street are being squeezed by the steel rings. He stated that the trees are starting to grow.

Ms. Jackson-Amis stated that a few of the residents on Lynnbrook Court called to find out if it is possible to change the sign that states 25 m.p.h. She stated that the residents feel that the speed is too fast due to all of the children in the area. The Town Engineer stated that he was aware of the request and is looking into the matter.

The Town Attorney stated that at the last meeting, the Council approved a letter of intent to the State of Maryland for the Department of Social Services building. He stated that he had been notified today that the Mayor’s letter had been approved and that this project is moving ahead.

The Town Attorney asked for an Executive Session for the advice of counsel.

The President of the Council asked for an update on where the Council was on the noise ordinance.

Mayor Butler stated that Ms. Barbara Barrowcliff has worked very hard creating a map of the downtown area. He stated that they will be distributed in the downtown area tomorrow.

The President of the Council stated that this morning he had the pleasure of attending a HotSpot meeting at the Tidewater. He stated that he has information if anyone would care to read it.

The President of the Council asked Mr. Daniel Brasington, Chairman of the Park Board to update the Council on the skate park. Mr. Brasington stated that the Park Board is still working on deciding where the funding is coming from at this point. Mr. Brasington stated that the state has a couple funding programs in which they have made application to. Mr. Brasington stated that the Park Board has asked the Hachen’s to attempt to raise $30,000 for a skate park. He stated that they are looking for any support they can get for Alex and his group. Mr. Brasington stated that he read recently where Millington has completed a skate park fort $26,000.

Mr. Jensen asked if a plan had been agreed on. Mr. Brasington stated that they hoped to develop something the size of two tennis courts.

Ms. Jackson-Amis thanked Ms. Barrowcliff for the information.

The President of the Council asked if there was anyone else to come before the Council.

Mr. Ford made a motion to convene into Executive Session for advice of Counsel, seconded by Mr. Reed and carried unanimously following a roll call vote.

At 8:57 P.M., the President of the Council went into Executive Session.

At 10:26 P.M., the President of the Council reconvened into regular session.

There being no further business, upon unanimous consensus, the President of the Council declared the regularly scheduled meeting adjourned at 10:27 P.M.

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Town Clerk