January 22, 2002

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 Chief of Police George Harvey, Town Engineer Mr. Tim Glass, Assistant Town Engineer Mr. Joe Gruber, President and CEO of the Easton Utilities Commission Mr. Hugh Grunden, and Town Clerk Mr. Karge. Mayor Butler was excused.

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

Upon motion by Mr. Ford seconded by Mr. Reed and carried, minutes of the January 7, 2002 meeting were unanimously approved as written.

The President of the Council stated that the discussion of re-opening of Kelly Gibson Street will tabled tonight as the Council is looking at scheduling a public hearing for comments.

Chief Kelly Jones of the Easton Volunteer Fire Department was present to introduce the officers. He thanked the Mayor and Council for approving his nomination for Chief of the Easton Volunteer Fire Department for a second year. Chief Jones introduced his Assistant Chief Russell Miles, Captain Timmy Knotts, Lt. Drew Jensen, Lt. CR Chance, Lt. Barry Slaughter and Lt. Lyle Fuller.

The President of the Council brought Resolution No. 5729 to the floor authorizing the Town Clerk to abate taxes in the amount of $12.

Ms. Jackson-Amis moved approval of Resolution No. 5729, seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought a letter to the floor from Mr. F. Graham Lee, Vice President, Fund Development, Memorial Hospital to put a banner along the front of The Athlete’s Foot at The Shoppes at Easton from Thursday, February 21 to Sunday, February 24, 2002 to promote Employee Appreciation days.

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

The President of the Council brought a letter from Mr. Rob Witosky, Club President, Tidewater Stamp Club asking for support for Easton Tri-Centennial Celebration (2010).

Mr. Ford made a motion to approve the Stamp Club’s initiative seconded by Mr. Reed and carried unanimously.

The President of the Council brought a letter from Mr. Rob Witkosky, Club President, Tidewater Stamp Club, asking for waiver of Firehouse Room Fees for their annual stamp show March 16, 2002.

Mr. Reed moved approval of the waiver of the Firehouse Room Fees, seconded by Mr. Ford and carried unanimously.

The President of the Council stated that the property owned by Easton Housing Authority, 60 Pleasant Alley, will not be discussed tonight.

The President of the Council brought a memo to the floor from the Assistant Town Planner regarding Zoning Ordinance Amendments, Major Retail Size Limitations.

The Town Planner, Mr. Hamilton, stated that the Planning and Zoning Commission will discuss the proposal that the Town Attorney brought to the Town Planning Staff. He stated that it was presented to the Planning and Zoning Commission at their last meeting in which they scheduled if for their February 21 meeting.

Mr. Jensen made a motion to approve invoices for payment totaling $522,101.41, seconded by Mr. Ford and carried unanimously.

Chief Harvey stated that they have a request for a block off of South Street between Harrison Street and Talbot Lane on May 11 10:00 A.M. to 2:00 P.M. to accommodate The Academy of the Arts Second Annual Art Festival.

Mr. Jensen moved The Academy of the Arts request for approval seconded by Mr. Ford and carried.

The Chief had a request from the Avalon Theater for January 30, 2002 asking for reserved parking for a bus between 2:00 P.M. and leaving at 11:00 P.M. Chief Harvey stated that their request can be accommodated on the municipal parking lot next to the Easton Welcome and Resource Center.

Mr. Ford made a motion for approval, seconded by Mr. Jensen and carried unanimously.

Chief Harvey asked for a matter of clarification on routine requests. He asked if their department was still approving routine requests and notifying the Council. The President of the Council stated that this is correct.

Ms. Jackson-Amis stated that this process is fine except with one caveat that where the businesses are effected that the Council has proof that businesses have been specifically notified.

The Chief answered affirmatively.

The Chief stated that the Goldsborough Street enforcement issue is continuing with directed enforcement efforts. He stated that four speed surveys have been performed. Chief Harvey stated that during the four surveys, the speed of 627 vehicles were measured with the average speed calculated at 22.72 m.p.h. He stated that this will continue in the area as time allows.

The Town Engineer stated that the signs delivered for the Rails-to-Trails crossing were made of the wrong material. He stated that they are fiberglass and break. Mr. Glass stated that a more rubberized sign will be shipped shortly at no cost to the town.

Ms. Jackson-Amis asked if the new signs would have any kind of lighting on them. The Town Engineer stated that they would be reflectorized and very visible.

Mr. Jensen asked how the speed surveys were performed. Chief Harvey explained how plain clothes officers record the speed and notify another officer if a citation is necessary.

At 7:15 P.M., the President of the Council opened the Public Hearing to hear comments on Ordinance no. 436, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING CHAPTER 18 OF THE CODE OF EASTON TO ADD SECTION 18-14 TO ADOPT STANDARDS FOR NOISE POLLUTION."

The Town Attorney discussed Ordinance No. 436. He stated that it had been drafted due to Mr. Jensen’s initiatives some months ago. Mr. Kehoe stated that it is an ordinance intended to restrict certain kinds of noises typically done by contractors or other commercial businesses at certain hours of the night in Easton. He stated that Easton has never had this before.

Mr. Ford stated that a letter had been received tonight from Easton Ice Company regarding the restrictions that the noise ordinance would put on their business by not allowing them to run their refrigeration units at night. Mr. Ford asked that their concerns be made part of the public record.

Mr. Jensen stated that he is curious to hear what people have to say about this ordinance. He stated that he thinks it is about time that Easton has an ordinance that speaks to what levels of noise are appropriate and which aren’t. He stated that everyone lives fairly close together and this can be a contentious issue not just with contractors but between neighbors. He stated that it is important that we all know what we find acceptable and what we don’t and this legislation is not an attempt to be a substitute for neighbors being good to one another and working together and live together. Mr. Jensen stated that hopefully, this will enhance this process by giving people common ground to talk about what is too loud and what is not. Mr. Jensen stated that a proposal has been discussed regarding a variance process for contractors that need to start early.

Mr. Al Silverstein, Talbot County Chamber of Commerce, stated that it is hard to comment on something he hasn’t seen yet but his question to the Council is how widely this has been distributed, what is the timetable for public input and make a decision. He stated that his organization would like to take a look at the ordinance to see how it effects their member businesses.

The President of the Council stated that a copy would be forwarded this evening for his review. Mr. Willey also stated that the public record would be kept open after the public hearing until Friday, close of business.

Mr. Silverstein asked that the public comment period be extended.

Mr. Ford discussed Letter B, Section 6 in the ordinance. He stated that this is in reference to the letter received by Easton Ice Company. Mr. Ford asked if Easton Ice Company could apply for a variance to run their compressors on trucks and be exempt from that Section of the Ordinance.

The Town Attorney stated that he believes that Easton Ice Company is in the Commercial Zone and the Ordinance could be amended to read residential zoned areas.

Mr. Ford suggested that the change be made.

Mr. Jensen questioned if the State Noise Ordinance covers the situation when an industrial use is next to a residential use. The Town Attorney stated that this is correct. He stated that their regulations are generally keyed to the decibel level at the property line.

Mr. Ford stated that simple wording from residential neighborhood to residential zoned areas would satisfy that.

Ms. Jackson-Amis stated that she concurs with Mr. Ford and thinks it is important that we not push people out of business that have been in the location as long as these people have. She stated that there may be some others that are similarly situated so if the language is changed, each person does not have to waste the time to apply for a variance, they will already be protected under this language change.

The Town Engineer stated that we are talking about a lot of different types of noises permitted, vehicles, radios, boom boxes, etc., and then we get into some issues about construction or repair of buildings. Mr. Glass suggested a language change where the ordinance states that variances could be obtained from the building inspector. He wondered if it would not be beneficial to include the Easton Police Department for traffic related activities and allow the Code Enforcement officer and Building Inspector related to construction activities.

The President of the Council asked for audience comments.

There were none.

At 7:26 P.M., the President of the Council closed the Public Hearing on Ordinance No. 436. He stated that the record would be left open until January 30, close of business.

The Town Engineer discussed the proposed crosswalk improvements. Mr. Glass stated that one of the things discussed is putting in a slightly raised concrete crosswalk stamped in a brick pattern and dyed red much like the one on Chapel Road. He stated that there has been difficulty getting contractors to do the work so the work will be done in-house. The Town Engineer stated that for both Goldsborough and Dover Street, there is a considerably wider portion of the road in the vicinity of the Rails-to-Trails. He stated that they are thinking of improving the overall cross section and installing curbs to visually help to narrow that roadway and put the cross section more in line with what we have with Goldsborough Street. He stated that this is also a traffic calming technique. Mr. Glass stated that the improvements will be audible as well as visual and with a combination of all those efforts, we are looking at further enhancements. He stated that the same situation exists at Dover Road near East End Liquors. Mr. Glass discussed speed humps versus speed bumps. He stated that other things need to be looked at such as drainage. He stated that this work should be completed well before spring for use of the trail.

Mr. Jensen discussed the stamped concrete. Mr. Glass stated that this would make the crosswalks consistent with the one on Chapel Road.

Mr. Jensen discussed stop signs as a traffic calming measure. He stated that what we do not want is speeding up before and after the crosswalks. Mr. Glass stated that there are a lot of variables to look at.

Ms. Terry Startt asked if the Town has ever considered a blinking light where pedestrians could push to make it turn to cross the street. She stated that they have one at Washington College for pedestrians to cross the road.

The Town Engineer stated that he does not think it is appropriate at the locations due to the pedestrian traffic versus vehicular traffic.

Mr. Jensen discussed raised crosswalks.

The Town Engineer stated that Easton Utilities will be performing fireplug tests for calibrating the water system. He stated that there will be several tests sites around town. Mr. Glass stated that this will be performed February 4 through February 8 from 9:00 a.m. to 6:00 p.m. He stated that there could be some rust in the lines during these tests. Mr. Jensen asked that notification be given on the radio. Mr. Glass stated that this would be done.

The Town Engineer discussed closing Washington Street January 26 and January 27 to connect the fire service near Crackerjacks. He discussed notifying property owners and patrons.

The Town Engineer stated that he has spoken to the State Highway Administration regarding the signal control devices to cross Route 50 on Dover and Goldsborough Street. He stated that they are looking at the Goldsborough Street light for the release of Country School to allow a little more green time.

The President of the Council stated that a request has been received to ask the State Highway Administration to look at Chapel Road and Route 50 to stagger that light.

The Town Engineer discussed a meeting with the State Highway Administration regarding Route 50 and the corridor plan. He stated information was in the packet.

Mr. Ford stated that in regards to the State Highway Administration, a meeting between the county and town had generated consensus regarding sending a joint letter of support for the feasibility study that was suggested at a meeting and pushing for landscaping enhancements on Route 50. Mr. Ford stated that Mr. Levin Harrison had asked that the Town Engineer telephone Mr. Mike Merthal to move forward with that.

Ms. Jackson-Amis asked if the Town Engineer is involved with the State Highway Administration regarding suggested changes to Peachblossom Road. The Town Engineer stated that he has been involved with that on a limited basis as he has not seen any formal proposals.

At 7:45 P.M., the President of the Council opened the Public hearing on the request of W. Lee Denny for an amendment to the zoning classification of property generally located at the southeast corner of the intersection of Dutchman’s Lane and U.S. Route 50 (Ocean Gateway) in Easton to reclassify the property from Limited Commercial (CL) to Planned Unit Development (PUD), for a Commercial PUD.

The Town Planner discussed the history of the project. He stated that the Planning Commission had reviewed this in December 2000 and sent a favorable recommendation to the Council.

Ms. Jackson-Amis stated that she received an e-mail from Ms. Rebecca Ellison. Ms. Jackson-Amis stated that she was not a member of the Council when this project was presented before. She questioned how and why this has come back before the Council.

The Town Planner stated that the Council has never voted on this.

Mr. Willard C. Parker, Esq., was present on behalf of the applicant for this PUD amendment for the former Favinger property located at the southeast corner of US Route 50 and Dutchman’s Lane. He stated that the property comprises over nine acres of land and is zoned CL Commercial under the Town’s Zoning Ordinance. Mr. Parker stated that the process tonight is the combination of the complete PUD process required under the ordinance. Mr. Parker stated that in regard to the two new members of the Council, they will have the full opportunity to review all the facts. He stated that this particular application began in August 2000 when the applicant, the contract purchaser, filed an application for a two-phase PUD. Mr. Parker stated that the applicant has integrated the study commissioned by the Town and the recommendations from the Town Engineer and the Engineer’s office. He stated that the Planning Commission determined that the application is in conformity with the Comprehensive Plan, which is a fundamental finding that the Planning Commission must make for the PUD. He discussed questions that had been raised with the project. He discussed the Planning Commission’s comments and recommendations that had been incorporated into the project. Mr. Parker stated that a straw vote had been taken with comments made in particular about a portion of the Royal Farms store that included a separate diesel fuel island and facility to the rear of the store. Mr. Parker stated that the applicant asked for an opportunity to address the Council’s concerns or re-design or scale down the proposal and come back and allow the Town to approve this project in accordance with the feedback received. He stated that it has taken a year to do that but no part of this process has been short-circuited.

Mr. Barry Griffith, planning consultant for the project, outlined the proposal. Mr. Griffith stated that he is a principal with Lane Engineering Stagg Design and serves as a Senior Planner. Mr. Griffith stated that their firm was retained by Cloverland Farms, Royal Farms, to assist in preparing the sketch plan for the proposed PUD. He stated that what they are here today with is a sketch plan as a hard engineering survey has not been accomplished. Mr. Griffith briefed the Council on the site and the zoning. He stated that what is being proposed is a multiple phase development of the PUD with Phase One consisting of a 5,000 square foot Royal Farms Convenience store that includes gas sales with four pumps that could service 16 cars. He stated that future development includes two sit-down style restaurants that total 8,400 square feet. The back portion of the site will remain as an open space wooded area with an existing farm pond that will be improved. He stated that the diesel fuel pump area has been removed from the project.

Mr. Griffith stated that in addition to the architecture being important to the site, the landscape site was also a critical element that the Planning Commission was concerned about. He stated that they are maintaining a 25-foot landscape buffer along the Route 50 frontage as well as a landscape buffer along the Dutchman’s Lane frontage. He stated that some pine trees will not be affected and the two large spruce trees will be preserved.

Ms. Jackson-Amis questioned how many pumps would be at the location. Mr. Griffith stated that it would be the four-pump island, which would service 16 cars.

Mr. Griffith stated that they have attempted to incorporate changes and modifications, which appeared to be the most important to the Council and Planning Commission.

Mr. Griffith addressed the approval process for the PUD and the findings they must make.

The President of the Council asked what the plans are for the collection of utility poles in the northwest corner of the property.

Mr. Griffith stated that the applicant will have to dedicate to the county and the state significant portion of land along the radius of the corner as well as the frontage in order to make the desired design improvements. He stated that the utility poles currently located there are in the way and will have to be located. Mr. Griffith stated that Mr. Hamilton informed them that they will be seeking an underground relocation for those.

Ms. Jackson-Amis asked questions presented by Ms. Rebecca Ellison. She stated that the Town’s water supply is located nearby and had concerns regarding an oil spill or tank leakage. Mr. Griffith stated that he does not believe that there is any public water supply in the immediate vicinity as Easton gets its water from deep-water wells.

The Town Engineer stated that as far as any immediate threat for contamination of municipal water supply wells, concern is not reasonable. He stated that Easton Utilities water supply wells are around 1,000 feet deep and are extracting water from strained portions of wells that will not be impacted. He stated that there are no wells in the vicinity of this site. He discussed safety mechanisms that are built into the islands.

Ms. Jackson-Amis asked for a more detailed answer based on the fact this has come up before and perhaps you can somehow get the information, the collective organization that is presenting this and have it published somehow as part of this discussion. She stated that she felt it would be helpful.

The Town Attorney stated that if the public record is left open, which is pretty much the town’s practice, information could be included for the project’s file.

Ms. Jackson-Amis asked Mr. Griffith to reply in writing concerning spilled gasoline washing across the pavement into the ravine. She stated that Ms. Ellison states her concerns for the ravine that abuts the property, which is part of the Tred Avon watershed. She asked what kind of environmental concerns should we have the applicant address.

Mr. Griffith stated that they will address any and every regulation that exists dealing with not only stormwater management facilities, sediment erosion control issues, but also some very specific state regulations dealing with how gas pumps are installed, what they consist of, how they are designed to accommodate spills, etc. He stated that there is no regulation that exists that they have the option of skipping over. Mr. Griffith stated that they will do everything that the State of Maryland requires every other gas station to do anywhere else.

Mr. Peter W. Radcliffe, Architect for Royal Farms, stated that he has worked for Royal Farms for eight years. He displayed visual descriptions for Royal Farms store. Mr. Radcliffe stated that he had heard some of the comments regarding the design and construction during the Planning and Zoning Commission’s meeting. He stated that they are trying to change the mold of the standard corporate gasoline station by changing the starkness of the rooflines and the starkness of the colors and the materials used. Mr. Radcliffe stated that they are trying to incorporate more of a residential feel where you try to integrate the world of residential, commercial and industrial architecture being combined in a similar manner. Mr. Radcliffe stated that they are incorporating pitched roofs even on the gasoline canopy station. He stated that the building will have a hib roof. Mr. Radcliffe stated that they will use colonial bricks and a darker colored shingle roof, a gable front and dormers to break up the scale of the building. Mr. Radcliffe displayed elevation views of the store. Mr. Radcliffe stated that the Dutchman’s Lane front of the store will also have entrance access to allow customers to enter the store without having to be involved with the gasoline customers. Mr. Radcliffe stated that this corporate architecture will not stand out on the road.

Mr. Reed questioned if the roof would be dark blue. Mr. Radcliffe stated that it would be sky blue with a metal paint finish. He stated that he considers it gray/blue, a faded color.

Mr. Jensen stated that he noticed on the Planning and Zoning Commission report of December 21, 2000, the signage on this will be approved later by the Commission. Mr. Parker stated that this approval will be part of the final site plan review where the Town will approve the sign. Mr. Radcliffe described the proposed sign.

Mr. Kenneth Schmid employed by Traffic Concepts, Inc., briefed on his credentials and experience. Mr. Schmid stated that he was familiar with the site as the Town was reviewing this site in conjunction with residential developments along the Dutchman’s Lane corridor. He stated that the impact of this project and the Royal Farms Store and the two pad sites were rolled into the JMT study that was commissioned by the Town to study the Dutchman’s Lane corridor and the intersection of Dutchman’s and Route 50.

Mr. Schmid stated that convenience stores draw traffic that already exists on the road system. Mr. Schmid explained the difference in pass by traffic and destination traffic. He stated that they had worked with State Highway Administration and created a right in right out access to have an access exposed to the US Route 50 traffic. He explained improvements to Route 50.

Mr. Jensen asked for clarification on the deceleration lanes that will be on Route 50 to Dutchman’s Lane and Royal Farms.

Mr. Schmid drew a diagram on the overhead projector. He discussed long range road improvements for Dutchman’s Lane and specifically, the Route 50 intersection. Mr. Schmid stated that the right turn lane into the project is 320’ from Dutchman’s Lane

section at Route 50 being necessitated out of joint contribution of traffic impact.

Ms. Jackson-Amis asked if there would be another lane added to Dutchman’s Lane. Mr. Schmid stated that there will be another inbound lane and another outbound lane at the intersection.

Mr. Parker stated that the land necessary to create those lanes is coming from this proposed project.

Mr. Schmid discussed the current levels of service at the intersection. He stated that right now on Sunday afternoon, the level of service is considered an A then it gets to an E in the summertime.

Mrs. Jackson-Amis questioned how Dutchman’s Lane would be effected, by overburdening that particular road based on these five lanes now that we have and the traffic that uses it; the House of Pines on one side. Mr. Schmid stated that as the overall intersection improves, as you do road improvements to one side of the road, you free up capacity of the whole intersection. He stated that as you widen intersections, you let the side roads run with more lanes and you need less green times to dissipate that traffic and the overall intersection gets better so maybe if you improve this side and the extra green time you save here, you can dedicate the other approach to Dutchman’s Lane without even physically widening the approach to Dutchman’s Lane you can get some improvement to that road.

Ms. Jackson-Amis stated that what she is talking about is not even going through the traffic light. She is talking about the traffic that is approaching your facility you are talking about now and that traffic trying to get to the House of Pines, for example, which is a tremendous congestion now. So has the study expanded to take that into consideration with the three extra lanes proposed?

The Town Engineer stated that there is no current plan associated with this development to address any capacity on the west side of Dutchman’ Lane. He stated that the site generated traffic, most of the turning movements, being predominately the double left turn left from southbound Route 50 into Dutchman’s Lane, would be the predominate movement for that intersection. He stated that this was the primary focus.

Ms. Jackson-Amis stated that she would like to have that information. She stated that one of the reasons to having the restaurants is that you are hoping to get traffic to come from the other side of Easton down that corridor so it would become important to know what impact that would have. She stated that she knows you have what looks like a good early turnoff into the parking area from what she is calling the rear, but she still does not know how that relates to the overall traffic.

Mr. Schmid stated that the study has been done and the improvements have been recommended that address the bulk of the residents in the developments. Mr. Schmid stated that from an expert’s opinion of the traffic, driving through this intersection, it appears that the other approach of Dutchman’s Lane could really be improved from a standpoint of simple lane use. Mr. Schmid suggested remarking the lanes for improvement.

Mr. Reed stated that he would like information regarding the time of day that resulted in an A rating. Mr. Schmid stated that it was done during the hours of 7:00 a.m. to 9:00 a.m.

Mr. Jensen questioned if the ratings and traffic studies are for existing levels. Mr. Schmid stated that it is as they exist today. Mr. Jensen questioned the Town Planner on how many homes are approved to construct at Easton Club East. The Town Planner stated about 430 homes in Phase One in a 15 year build out.

The Town Attorney stated that the developer is paying into a fund for intersection improvements all along on Dutchman’s Lane.

The Town Planner stated that the developer has already given the Town the money but at certain times, certain things have to happen at Dutchman’s Lane before the last lot is approved, theoretically, all the improvements will be made to Dutchman’s Lane.

Mr. Jensen questioned what the intersection would look like if the 430 homes are built and the intersection is not improved.

The Town Engineer stated that if you put additional cars on the road with no modifications to Dutchman’s Lane, it is only going to get worse. He stated that what we are talking about, is a lot of different developers contributing something to increase traffic usage of that intersection, whether it is eastbound or westbound and whether or not Royal Farms was in the mix, there would have to be some traffic improvements that would need to be made in the near future. He stated that something needs to happen with the growth.

Mr. Jensen questioned the Town Attorney and the President of the Council on when appropriate discussion could occur on this. The Town Attorney stated that he believes that the starting point there would be to review a copy of the traffic study.

Mr. John Kemp, Royal Farms, stated that they were formed in 1925, a Maryland Corporation, by Maynard Kemp. He gave a brief description of the history of Royal Farms. He stated that they have a depot in Skipton and Salisbury, Maryland. He stated that what they are proposing is not a typical convenience store but a mini-market, 5000 square feet with a lot of staple items. Mr. Kemp stated that they had lost their contract for the property and approached Mr. Denny with a downsized proposal. Mr. Kemp stated that the store will operate 24 hours a day and will employ between 20 and 30 people. He stated that the manager’s salary is typically $850 per week plus bonus, two to three assistants and a food service manager with their range of salary from $600 to $750 per week plus bonus. Mr. Kemp stated that hourly will range from $8 to $10 per hour.

Mr. Kemp stated that the last thing they want to do is have a fuel accident. He stated that they are potentially dangerous and expense. Mr. Kemp stated that they go over and above the Federal and State Department of Environment regulations. They use double wall tank, double wall piping, statistical constant 24-hour monitoring of the tanks not only at store level but home office that actually monitors for problems, triggers an alarm, shuts down the station and calls the office. Mr. Kemp stated that the safety regulations exceed the required regulations. Mr. Kemp stated that the pumps would be installed with snap-away hoses that shuts off the pump to prevent leakage if a call drives off.

Mr. Lee Denny stated that he purchased the property from Mrs. Favinger for a multitude of reasons. He stated that the proposed Royal Farms store would be beneficial to his business. He stated that he has been a pretty good steward to the community as a corporate citizen and he doesn’t want to see anything bad happen to the area. Mr. Denny stated that he also lived nearby and wants to see road improvements to the intersection. He stated that he had spoken with many neighbors and their biggest concern is when the intersection will be improved. Mr. Denny stated that this is a win-win as it creates a service to the neighborhood and will get the intersection improved. He stated that he would not support the project if he did not believe it was a good project. He cares too much for his business and the community.

Ms. Jackson questioned Mr. Denny on the two proposed restaurants. She asked why there would be two and which ones they are. Mr. Denny stated that they have not been identified until the PUD is approved. He stated that the PUD is explicit in specifying sit-down restaurants.

Mr. Reed questioned if there is the possibility of another car dealership on this property. Mr. Denny stated that under the current PUD, he cannot. He stated that he hasn’t found a franchise that is ready to come to Easton and if he did, he would have to come back to the Council for approval.

The President of the Council stated that he is opening the floor for public comments. He asked that comments be held between three and five minutes.

Ms. Mary Wheeler, 28270 Villa Road, stated that she has worked at the intersection of Route 50 and Dutchman’s Lane for 11 years and has seen the traffic problems. Ms. Wheeler stated that this is a very unsafe intersection and she has witnessed accidents. She stated that if development of this property would alleviate traffic problems, she sees nothing but good to come of this. Also, with all of the houses to be built back there, a community bigger than the Town of Oxford, the residents cannot even get to the store. She stated that she thinks it is a great thing for the community.

Ms. Linda James, Patrick Road, stated that she has been here before. She recalled Capt. Blue stating that this is a dangerous intersection at the previous public hearing. Ms. James stated that the owner is not looking for the resident’s purchase of a quart of milk but looking to entice the beach traffic. She stated that there is a very nice store within 1000 yards of that intersection. She stated that every gas station on Route 50 has gasoline and she recommends supporting existing businesses. Ms. James stated that she would like to see a technology institute or nursing facility. She stated that she does not want the convenience store on Dutchman’s Lane as it is a mixed bag of people from high school kids to nursing home visitors.

Mr. Roger Bollman, 221 S. Hanson Street, stated that this came up a year ago. He read from the statement with a few updates he entered into record at the previous public hearing. The statement was dated February 5, 2001. Mr. Bollman stated that he attended a Planning and Zoning Commission meeting where the Commission was pleased with the appearance of the store but two members had been alarmed at the size of the gas pumps. Mr. Bollman stated that he had done a little informal survey of car spots. He read his conclusions. He stated that Royal Farms would increase the capacity on Route 50 from 63 spots to 79 spots, a 25% increase along
Route 50. Mr. Bollman stated that Easton does not need this increase in gasoline station capacity. He asked the Council what is different a year later.

Mr. Hank Corbin, builder of the Stone Ridge subdivision, stated that he did not come here to talk but something crossed his mind. He stated that he does not see where this is going to effect Dutchman’s Lane. He stated that there will be an improved intersection. Mr. Corbin stated that residents he has spoken to in the subdivision are in favor of the proposal. Mr. Corbin discussed the inconvenience of the existing stores. He stated that this store would be a true convenience for Dutchman’s Lane.

Ms. Peggy Roe, 29339 Corbin Parkway, stated that the Council is being asked to rezone a parcel of land to facilitate the development of this land by its present owner. She stated that not much had changed since the previous application. Ms. Roe stated that there are adequate mini-marts to service potential customers, local and tourists. Ms. Roe stated that improvements will be made to Dutchman’s Lane mandated by residential growth. She stated that removing the diesel island but reserving the right to amend the PUD insults their intelligence. She stated that she does not feel this rezoning and the subsequent Royal Farms project would improve the quality of life for the majority of the residents who will be directly impacted. Ms. Roe urged the Council to vote no for any rezoning that would facilitate a Royal Farms store.

Mr. Chuck Mangold, 312 Spring Drive, a local realtor, stated that he owns or manages a half dozen properties whose address is on Dutchman’s Lane. He stated that he has had lengthy conversations with the tenants in those properties. Mr. Mangold stated that the number one problem in general with purchasing property on that side of the highway, is the quick access to get gas, to get staples, to get things quickly without getting involved in crossing that highway. He discussed traffic concerns on Route 50. Mr. Mangold stated that the Royal Farms stores are usually very upscale convenience stores. He stated that from a realtor’s point of view and a property owner’s point of view, the store will add to property value.

Mr. Ed Van Schaik, 7491 Ocean Gateway, stated that he has concerns with the deceleration lane, which he believes will be right in front of his house. He stated that he currently has to get in the slow lane to get in his driveway and wonders what will happen now. Mr. Van Schaik stated that in the summertime, you cannot get out and you cannot get in. He stated that you have 1950 roads and 2001 traffic on them. Mr. Van Schaik stated that he is against coming off of Route 50 with a right turn in lane.

Mr. Troy Foote, 7338 Shirley Drive, stated that he is all in favor of the store. Mr. Foote stated that he will be able to get gas for his lawn mower in five or ten minutes and not have to touch Route 50.

Mr. Al Silverstein, 7233 Francis Street, stated that he has lived in the area for about a year now and it is a dangerous intersection. Mr. Silverstein stated that he thinks it is a needed improvement for quality of life of the citizens in the vicinity. He stated that he would like having to go down the road without having to get on Route 50 and more than anything, he wants to see the improvements to that road. Mr. Silverstein stated that he is pleased that developers are contributing to the road improvements.

Mr. Charles Lyons, Jr., 29646 Dutchman’s Lane, stated that the Lyons family supports Mr. Denny and the request that he makes. He stated that they think it would be a benefit to the community.

Mr. Ken Schmid clarified the deceleration lane that is proposed. He stated that it is along the store’s frontage and the frontage of the site and he does not believe there will be any improvements or impacts to Mr. Van Schaik’s access to Route 50.

Mr. Chris Startt, 7208 Francis Street, stated that he has lived in the Stoney Ridge subdivision for approximately 12 years and he really thinks the store is needed. He stated that he goes through the intersection a lot and spends between $400 and $600 a month in gasoline and he could really use a gas station close to home. Mr. Startt stated that the road improvements are necessary. He stated that there are many young people out there that could really benefit from this.

Ms. Jamie Thompson, Tallulah Lane, stated that all these developments are coming in and all these homeowners need medical attention. She stated that she feels this intersection is going to be more congested because of what is located on Dutchman’s Lane and Idlewild Avenue. Ms. Thompson stated that we have so many gas stations and she would like to see that property used for something that we need, not another gas station. She stated that we need to stop the building and make this a small town or grow and move on. Ms. Thompson voiced her concerns regarding the pedestrian crosswalks at the Rails-to-Trails. She asked everyone to stop and think before approving more so we do not have too much of one and not enough of the other. She asked the Council to look at the long term.

Mr. Parker stated that the applicant has met all the requirements of the ordinance and provided ample support for a favorable vote for this PUD amendment. Mr. Parker stated that the Favinger property was for sale for ten years. He stated that this proposal is consistent with your ordinance, consistent with the Comprehensive Plan and approved by the Planning and Zoning Commission. He stated that Royal Farms has met the goals of Easton. Mr. Parker stated that property owners have a right to use their property in the parameters of the Zoning Ordinance. He asked the Council to look at the evidence before them and find in favor of the applicant.

At 9:46 P.M., the President of the Council closed the Public Hearing. He stated that the record for public comments would be left open until Wednesday, January 30, 2002 at 5:00 p.m.

The President of the Council stated that at a previous meeting, the Chief of Police commented on a memorandum of understanding. The Town Attorney stated that the Police Department has the authority to exercise their police powers within the boundaries of the Town of Easton regardless of the ownership of the land. Mr. Kehoe stated that he will forward a memorandum to the Chief and copy to the Council.

The President of the Council questioned the Town Attorney and Town Planner if the streets and highways in annexed areas have actually been annexed into the Town. He referred to the roads to Cooke’s Hope and Matthewstown Run.

The Town Planner stated that the Chief had requested a map showing where all the streets and boundaries are. Mr. Hamilton stated that he is having that prepared.

Mr. Ford stated that he has had received several comments from his constituents all of which are questioning the wisdom of his recent vote for use of the contingency funds. He stated that none of the concerns are centered around the quality or potential impact of the program but they are concerned with the procedure that was followed. Mr. Ford stated that he thinks that this process points to a deficiency in our procedures. He discussed the Mayor’s contingency fund and stated that he thinks as a Council and the Mayor, with the help of the Town staff, need to develop some criteria where worthy programs can approach the Town and if there is support needed, financial or not, there is a requirement to meet certain criteria so we don’t have to view each of these proposals with no basis upon which to act. He stated that they can be judged not only on their merit, but also on some criteria that exists in the Town. Mr. Ford proposed that this be worked on.

Mr. Jensen stated that what Ms. Thompson stated this evening moved him and he asked to speak about it. He stated that we do have to find a middle ground when it comes to development in this town and he spends a lot of time thinking about that. He stated that on one side it is pretty easy to take a view to stop growth completely in this town and on the other side just say we are going to develop this town and in the middle is real hard. Mr. Jensen stated that today the Talbot County Council made their job of finding the middle ground more difficult. He stated that he was fairly disappointed in the rezoning of the Lowe’s property because as the Town Council is searching for the middle ground, they now have to worry if the developers will take their game outside of town limits.

Ms. Jackson-Amis stated that she is absolutely excited to report that they opened the youth center yesterday commemorating Dr. King’s birthday and had an overwhelming response from the community with nearly 90 young people that came and participated and adults as well there to support this endeavor. She stated that she is delighted that the Wizard’s jump rope team came from Jefferson, Maryland. Ms. Jackson-Amis stated that there are two table tennis pros in this area, Dan Kirby from Claiborne and Stephanie Chester Murray, the physical education teacher in Caroline County who came and demonstrated that sport. She stated that the young people were absolutely engaged. The actual times and dates will be posted because many people have been calling about that. There are some specific issues that have to be dealt with, certain things in place, required by the state. She stated that they will be open for operation next week on a full time basis.

Ms. Jackson-Amis stated that she received just one call concerning this program but an overwhelming number of people who have telephoned, donated, and contributed in many ways for this activity. Ms. Jackson Amis stated that the issue of responsibility, we have to take responsibility for our process, however, it can not go without being stated again, that the nature of the process that was undertaken was by in large the responsibility of problem generated by the action that this council took prior to this matter coming forward. The other thing is that the issues of funding which she has put before you in terms of the Community Legacy program, were issues that should have been addressed by Town employees in the regular course of business and the one dealing with the HotSpot is another one and contrary to the information in the newspaper about applying for next year, unless there is a new funding proposal out there, the grant term is supposed to end. So there is some things that the public ought to know and she would be very happy to share them and plans to do so in a more deliberate way that happened here and when these things take place, procedure does change. She stated that she does hope that they can enjoy this facility and those people that have some skepticism, come down to the center. She stated they need volunteers all the time and those that are able to support us. She stated that they are delighted that they had a wonderful way of being progressive and useful on the very important day, Dr. King’s day. Ms. Jackson-Amis stated that she thinks it was a well spent day and evening.

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

At 10:10 P.M., the President of the Council adjourned the regularly scheduled meeting.

Town Clerk