February 4, 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 Mayor Butler, Chief of Police George Harvey, Town Engineer Mr. Tim Glass, Assistant Town Engineer Mr. Joe Gruber and Town Planner Mr. Hamilton.

Mr. Jensen 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 22, 2002 meeting were unanimously approved as written.

The President of the Council brought a memo to the floor from the Town Engineer regarding the purchase of a snowplow dump body and salt spreader.

The Town Engineer asked for questions. Mr. Jensen asked him to explain the piece of equipment. Mr. Glass stated it is a 2002 6-wheel dump truck with a removable v-box to hold salt and a snowplow.

Mr. Ford made a motion to approve Elliott Wilson’s bid for a new six-wheel dump truck, seconded by Mr. Reed and carried unanimously.

The President of the Council brought 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" to the floor for comments.

Ms. Jackson-Amis stated that she was reading the ordinance as presented in the paperwork and she did not see the amended version. Ms. VanEmburgh, the Assistant Town Attorney stated that the ordinance before them had not been amended as a consensus had not been reached on some of the issues that had been discussed. She stated that revisions need to be made to the ordinance.

The Assistant Town Attorney discussed the four main concerns. She stated that the wording may be changed from residential to residential zone. Ms. VanEmburgh discussed amplified music, outdoor dining, the Easton Ice issue and the issuance of variances. She stated that the Council needs to discuss if a noise ordinance is desired at all.

Mr. Ford asked the Assistant Town Attorney or the Chief to provide some insight regarding whether there is a lacking in the state codes for noise enforcement and is what the Town of Easton proposing to do enforceable. He stated that he does not want to create a law that provides a headache for the people trying to enforce it.

The Assistant Town Attorney discussed the state code and how it is set in decibel levels. She stated that the state laws are enforceable with the proper equipment and trained individuals. She stated that the state statute gives municipalities the authority to make ordinances but they have to be stricter than the state’s.

Mr. Ford discussed the wording "any unreasonably loud or raucous noise." He questioned if this was enforceable.

Chief Harvey discussed disorderly conduct.

Mr. Jensen stated that the State’s Noise Ordinance is aimed at more problems that are global, not the kind of noise difficulties you have in a town.

The Town Planner discussed the Noise Ordinance in Teton County, Wyoming, which he helped enforce. He stated there was a decibel level set and a period looked at whereby citations were issued if the noise level was excessive for a certain amount of time.

Mr. Ford discussed his concerns with subjectivity and being able to measure the noise level.

Mr. Jensen asked the Chief if 50 feet was a measurable variable.

Chief Harvey discussed a paragraph in the ordinance, which gives them the ability to enforce the noise ordinance.

Mr. Reed asked how many complaints have been received regarding noise in the last year.

Chief Harvey stated that the bulk of the calls received last summer were from the Easton Club’s activities in the pavilion. He stated that complaints received for home parties were usually addressed when officers explained the problem. He discussed cooperative efforts in the community.

The President of the Council stated that a consensus needs to be reached.

Mr. Jensen asked if the Council would like to reach a consensus on whether the ordinance is warranted.

Mr. Ford stated that he will explore the possibility of whether to have a noise ordinance. Mr. Jensen agreed with Mr. Ford, Mr. Reed and Ms. Jackson-Amis were not in favor of a noise ordinance and Mr. Willey stated that he felt it is okay to have a noise ordinance on the books although he is not in favor of the ordinance as presented tonight. He stated that the ordinance as written unfairly targets some of the businesses.

Mr. Ford stated that the Chief had satisfied some of his concerns.

Mr. Jensen suggested that the Council direct their concerns to the Assistant Town Attorney then the Council entertain an amended ordinance.

The Assistant Town Attorney reviewed the Council’s concerns.

The President of the Council asked the Council to mark their concerns on the ordinance before them tonight and get the concerns to the Town Attorney to draft an amended version before the next meeting.

The President of the Council brought Ordinance No. 439, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE EASTON TOWN CODE TO CORRECT THE SECTION NUMBERS FOR THE POSITION OF ECONOMIC DEVELOPMENT COORDINATOR FOR THE TOWN OF EASTON" to the floor for a first reading.

The President of the Council asked for an update on the progress of selection for an Economic Development Coordinator.

Mayor Butler stated that a schedule is being drafted for interviews of the candidates.

The President of the Council brought Resolution No. 5761 to the floor authorizing a donation to the Easton Volunteer Fire Department, Inc. He asked for questions.

Ms. Jackson-Amis stated that contingency funds are being used for this donation and much has been said about the use of contingency funds. She stated that she found it quite shocking that this came up immediately after the last meeting.

Mr. Ford stated that he does not find it shocking but he had commented at the last meeting that there is a need to develop some sort of criteria for awarding contingency funds. He stated that he needs to mention that of all of the contingency funding requests, none has been more scrupulously reviewed than request for the table tennis program. He stated that he did not mean to infer that the table tennis program was the reason that he felt some standards are necessary to review the requests.

Mayor Butler stated that these funds have been donated for the banquet and dance as long as he has been in the Fire Department, which has been since 1961.

Mr. Ford made a motion to approve Resolution No. 5761, seconded by Mr. Jensen and carried unanimously following a roll call vote.

The President of the Council introduced Resolution No. 5760, "A RESOLUTION TO ANNEX CERTAIN LANDS OWNED BY ARTHUR L. FOSTER AND ANN E. FOSTER TO THE TOWN OF EASTON LOCATED ON THE SOUTHSIDE OF CHAPEL ROAD AND CONSISTING OF 159.949 ACRES OF LAND, MORE OR LESS, AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE ANNEXATION" and Ordinance No. 438, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF EASTON TO APPLY AN ORIGINAL ZONING MAP OF THE TOWN OF EASTON TO APPLY AN ORIGINAL ZONING CLASSIFICATION OF CL (LIMITED COMMERCIAL) AND R-10A (RESIDENTIAL) TO A PARCEL OF LAND ANNEXED TO THE TOWN OF EASTON LOCATED ON THE SOUTH SIDE OF CHAPEL ROAD CONSISTING OF 159.49 ACRES OF LAND, MORE OR LESS."

The President of the Council set the Public Hearing on the Foster Annexation for March 18 at 7:15 P.M.

The President of the Council asked for a consensus 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.

Mr. Reed stated that he has gone over this many times this past week. He stated that he thinks Mr. Denny has done a beautiful job of promotion, advertising and getting the residents interested. Mr. Reed stated that some have worked very hard trying to get this approved. Mr. Reed stated that he had the Town Engineer walk him through the area, particularly in the area proposed for the enlargement of Dutchman’s Lane on the eastside. He discussed the proposed traffic patterns.

The Town Engineer discussed the left turning lane U-turns taking place causing a bottleneck and traffic turning onto Dutchman’s Lane. He stated that the State Highway Administration is looking at that. Mr. Glass stated that what is shown on the plan is the ultimate plan of what could be done to alleviate the increased congestion that would occur at Dutchman’s and Route 50 at some point in the future, given the Royal Farms site and the other residential developments. He said that is why funds have been collected from various developers to put money into this overall comprehensive improvement.

Mr. Reed questioned if estimates had been given to put the utilities underground. The Town Engineer stated that they have estimated it for about $250,000 to $300,000 which the applicant will have to pay for.

Mr. Reed stated that the other thing he is concerned about is Dutchman’s Lane, west side. He stated that people are already backing up there. Mr. Reed stated that the Town Engineer had explained to him that because of the construction of the road, Dutchman’s Lane on the west side, they do not have enough easement to make another lane there. He said people coming out of The Pines have a very difficult time.

The Town Engineer discussed the Pines’ entrance to Route 50. He stated that because it is so close to Route 50, you have a problem with left turn vehicles trying to get through the light to make an unsafe left. He discussed talking with The House of the Pines and asking them to restrict traffic exiting out of that driveway and asking them to utilize the drive further to the west.

Mr. Reed addressed his concerns regarding the discharging of school between the hours of 2:30 p.m. to 6:00 p.m.

Mr. Reed stated that it bothers him because more farm property has been sold.

Mr. Reed stated that he has a large ward. He stated that he has more constituents on the west side of Route 50 than the east side of Route 50 and he has had conversations with many. Mr. Reed stated that anything done in any ward affects the whole Town of Easton. He stated that he feels Mr. Denny does a good job with his dealership but he does not know what else is going to be put in. Mr. Reed stated that he has gone over this in his mind and if he could just know what else is going to be put there that may cause a strain on that intersection or additional problems. He stated that there is a lot to consider without knowing what is being considered. Mr. Reed stated that he wants to see Route 50 cleaned up before it looks like old US 1 through Laurel, MD. He asked that we try to preserve the historic element of the town and keep the things that people come to see and hear and do. Mr. Reed stated that he also has environmental concerns. He stated that he is trying to make the best judgement he can and based on what he feels the residents of Easton want. He stated that not everyone is rich but he moved here because it is a nice small town but within the few years he has lived here, the traffic has changed. He stated that he cannot see himself voting yes tonight, he votes in opposition of the project.

Ms. Jackson-Amis stated that she has two questions that still remain. She addressed one to the Town Engineer. Ms. Jackson-Amis stated that it had been noted that the State Highway was going to come back and talk about reconfiguration as far as the lanes are concerned and dealing with the burden of traffic turning from Route 50 onto Dutchman’s Lane. She stated that she was not convinced that the traffic report that was given at the last meeting was at all objective. She stated that she could not understand what was happening with what she considered to be a real burdening of Dutchman’s Lane, which is a real problem for her. Ms. Jackson-Amis stated that she knows that this area needs to be improved but she needs to hear and understand if this is going to do it. She questioned if it is being made safer. She stated that they are going to come back and revisit. What are they going to revisit and how should that impact what is decided tonight?

The Town Engineer stated that there are a couple things going on. He stated that the State Highway Administration is responsible for the operation of US Route 50 through the town. Mr. Glass stated that at this time, Talbot County is responsible for the operation of Dutchman’s Lane however, the Town of Easton is also responsible for approving site plans that front on both of those roads. The Town Engineer stated that in regards to Route 50, the State Highway has been involved in conversations regarding this corner as well as Talbot County Department of Public Works as well as his office have all been around the same table talking about the type of improvements that should and could go here at one time or another. He stated that the State Highway right now is beginning an intensive focus on the evaluation of Route 50 as a whole and its impact to Easton, specifically the number of vehicles moving through town, the aesthetics of Route 50, the cross movement of Route 50 and a corridor study. He stated that there is a lot of work associated with that. Mr. Glass stated that none of that specifically has to do with the development of this corner but more so, the overall efficiency of Route 50 through Easton.

Ms. Jackson-Amis stated that with respect to Mr. Denny’s property, he is dedicating a certain amount of land but irrespective of what is voted today, it has nothing to do with the traffic study or impact that the State Highway is going to eventually have to determine because it seems to make a difference to her. She stated that the traffic pattern and the traffic study is separate and apart from this issue and she does not understand how this could be.

Mr. Glass stated that he apologized if he was not clear but there are two separate things going on. He asked that we forget about the Route 50 corridor plan. Mr. Glass stated that there has been a traffic study for this corner, which evaluated the long-term impact of this corner, the restaurant, the Royal Farms and the additional developments, which are putting an additional vehicular load on Dutchman’s Lane. The Town Engineer stated that all those additional cars in the mix have an impact to this corner and degrade the level of service that this intersection is going to be operating at some point between now and when all those developments are going to get finished and will steadily get worse with the existing conditions. He stated that what the traffic analysis is supposed to do is determine what the predominant movements are in and out of the whole area around that corner, determine at what point the number of vehicles that are going to be using that intersection and grade it to a point that is not satisfactory to the state and county. He stated the proposed physical improvements allow more vehicles to get through and operate in that intersection to raise that back up to a level of service that is acceptable. He stated that Dutchman’s Lane today, given the growth that we have throughout that corridor, would degrade to the point where we would really like to hear about it. Also, regardless of whether this store comes in, there are issues with the other homes that are being built. He stated that everyone is paying their share of the impact they are having on that intersection. Mr. Glass stated that whether the Royal Farms is here or not, the improvements are going to be necessary.

Ms. Jackson-Amis stated that their contribution helps the taxpayers.

Ms. Jackson-Amis discussed the visioning team and questioned if the future development of Route 50 was part of the Comprehensive Plan.

The Town Planner stated that the State’s study and plan falls right in line and is doing exactly what the Comprehensive Plan wants to do, look at that corridor and make it work efficiently as possible to keep the businesses on Route 50. He stated that the plan and the study and what the State is doing falls right in line with what our Comprehensive Plan states.

Ms. Jackson-Amis stated that her final comment is that she is satisfied with Mr. Denny and his group and that they have tried to address the concerns raised by the former council and they have agreed in written form that they will maintain no diesel islands or truck stops and adhere to the muted color scheme that has raised much concern. She stated that she has also wrestled with the thought that many of the smaller businesses are afraid that they will be booted out of a business based on this new facility opening and there will be more traffic but on the other hand, she feels that free enterprise is important and she will support this proposal.

Mr. Ford stated that he does not support this project but he wants to preface his comments with a quote from Ed McMahon that spoke in St. Michaels about growth issues. He stated that growth is not only inevitable but it is desirable. Mr. Ford stated that he says that because of in spite of his objections to this particular project, he does not want his comments to be misinterpreted in that he is against growth. Mr. Ford stated that he believes growth is not only desirable but also necessary. He stated for him, it is not whether we grow as a community but how. Mr. Ford stated that the Town Planner and Ms. Jackson-Amis referred to planning issues on the Route 50 corridor and the Comprehensive Plan that was passed in 1997 calls for a small area plan for the Route 50 corridor. He stated that plan has not been completed and for us to develop in a piecemeal fashion prior to that plan being prepared is bad judgement. Mr. Ford stated that he thinks that project on that particular project is too intense and will make that intersection much busier than it is now and is he concerned that even with the new traffic lanes, it will not be adequate enough to handle the additional traffic. Mr. Ford stated that he has some questions regarding the true convenience of this store. He stated that he feels it is frowned upon for government to get involved with free enterprise but he does have concerns about if Royal Farms is built, if success will undermine the success of existing businesses in that corridor and perhaps even further into town. He views Royal Farms as sprawl. Mr. Ford stated that there are undeniably compelling reasons to support the project, the improvements to the intersection and the unmet needs of residents of Stoney Ridge. He stated planning for growth in this community is vital and there are some things that are being done. He discussed the Development Task Force. Mr. Ford discussed a walking tour he recently took through the Stoney Ridge area. He stated that the Council needs to look at a Comprehensive Plan for the Stoney Ridge/Dutchman’s Road area and determine what gets developed out there and when. He said that it is critical that the residents take control of that area. Mr. Ford stated that we have to take care of our quality of life and the only way to do that is to plan adequately and be prepared for development.

Mr. Jensen stated that Mr. Reed said something very interesting. He said it was a shame that we didn’t do something in terms of commercial opportunities at the Lyons’ Farm. He stated that he is not wild about how this whole corridor has been planned however, he is going to support this project. He echoed Mr. Ford’s comments and stated that planning is important. He encouraged everyone to think about what they want. Mr. Jensen stated that he believes that we need to get this road fixed and he thinks it is a good thing to have some convenience for some of the people that live in Stoney Ridge. Mr. Jensen discussed the inconvenience of the Stoney Ridge subdivision. Mr. Jensen stated that he wanted to echo Ms. Jackson-Amis concerns regarding muted colors. He also wanted to address the concern of diesel fuels. He stated that he understands that there will be diesel fuel available for cars but not rigs.

Mr. Willey, the President of the Council stated that he has received more comments and telephone calls about this project than any project he has been associated with since he has been on the Council. He asked that all correspondence be signed. Mr. Willey stated that he had seven comments against the proposal and 400 in favor of the project. He stated that he has also talked to the Lloyd’s Crest residents and they seem in favor of the proposal. Mr. Willey stated that since the original proposal, the concerns regarding the trucks have been eliminated. He stated that he feels he can go along with the project.

The President of the Council asked the Assistant Town Attorney to draft the necessary legislation.

Mr. Ken Bush was present on behalf of the Fire Department. He stated that members of the Fire Department would like to acknowledge their appreciation for the donation made to the Fire Department on behalf of the Town. Mr. Bush distributed statistics regarding the monthly activities of the Fire Department. Mr. Bush asked that everyone keep a close eye on their heating equipment as the winter is not over.

The Town Engineer discussed fire flow tests that Easton Utilities would be conducting. He stated that half of those are finished as of today so they are way ahead of schedule. Also, Mr. Glass stated that the Public Works Department has recently purchased 48 hardwood street trees and are going to spotting them around the town for replacements or in places where there are holes. Mr. Glass stated that they are currently working on Glenwood Avenue between Washington Street and West Street doing curb and gutter and typical street reconstruction project. Mr. Glass stated that they are looking to begin some of the crosswalk reconstruction as early as next week. In addition to the raised crosswalk, they plan to work on the crosswalk on August Street as a practice before they get onto Goldsborough Street. He stated that there has been a contractor cleaning storm drains in town this week.

Mr. Jensen discussed citizens buying trees and having Public Works planting them. The Town Engineer stated that the Public Works Department does not really have the time for that.

Mr. Ford stated that he was in Washington, DC this weekend and noticed that they have some of the same crosswalk signs as Easton except they taper down in size.

The Assistant Town Attorney stated that a couple members of the Council expressed an interest in sending a letter to the county expressing disapproval of the Gannon/Lowe’s rezoning that was passed.

Mr. Jensen stated that he was one of those Council members and it makes it a lot harder when developers want to come into town and want to do things in Easton. He said it makes it a lot harder on them when a developer can play off the town and the county and he thinks the county should know they don’t approve of it and should take the town’s wants and desires into consideration when they are considering a project like that.

Ms. Jackson-Amis stated that she wanted to set the record straight. She stated that she spoke with one of the county council members and asked if a meeting could be set up between the two bodies to discuss this very issue. She stated that she asked Mr. Karge to contact all of the town council members to see if they would be amenable to such discussion, each was. The meeting was actually scheduled sometime in December and for reasons she does not know, the meeting was abruptly cancelled by a member of the county council. So there is no failure to cooperate. She stated that the council has through various channels available, we talked to the council and expressed our particular concerns. Ms. Jackson-Amis stated that it is a bit disingenuous for them to go on stage during the council meeting to suggest that we have not attempted to cooperate and the issue was belatedly raised that we wanted to cooperate with Lowe’s to the best that we could. She stated that she thinks that we have tried to consider Lowe’s position and the position of other members of this county who took time to get signatures for Bill 808 which will be voted on in November. She stated that she did associate herself with Mr. Foster’s position to the extent that there are 80 people in the county who have been a symbol in the county to look at the growth issues and the Comprehensive Plan and it did not seem to her to be so urgent that we should ignore their efforts of determining whether or not the rezoning should have been granted and the fact that this property borders on the town, she does think that the county had an obligation to meet with the town council or to make sure the town’s concerns were figured into their deliberations and she does not see the point of another letter. She stated that if the council wants to suggest that there was no cooperation, there could be some effort to set aside this determination. However, if it is an exercise in futility, she does not personally wish to engage in it.

Mr. Ford stated that it may not be an exercise in futility if we use that letter to reinforce the necessity of a coordinated effort from this council and that council addressing any growth issues in the county and the town. Mr. Ford stated that we can not separate the two and for the county and town not to work in a coordinated manner is detrimental to the whole community. Mr. Ford stated that if the letter took that tack and used Lowe’s as an instance where we need to do better at working together than he would definitely support it.

Mr. Jensen stated that this spirit hits the right note.

Mr. Reed stated that you definitely have to have good relationships between the town and the county or we will never get anywhere.

The President of the Council stated that the county should be with us and support us so if a letter is written in that respect he would probably go along with it.

The President of the Council spoke to Mr. Daniel Brasington, Chairman of the Park Board regarding RTC property plans and what the future held for that. The President of the Council stated that he would like to attend the next Park Board meeting. He suggested considering a park planner for that area.

The Town Engineer stated that they are in the middle of working in that area and he would like to be kept informed.

Mr. Jensen stated that the money budgeted could be used for a more complete park study because to look at one park in isolation is tough.

The President of the Councils stated that all these parks should be pulled together as there are parks sitting with nothing in them.

Mr. Brasington stated that we need to start talking about the Stoney Ridge Park.

Mr. Reed stated that the skatepark should be looked at also.

Mr. Willey asked for a meeting to get that going.

Mr. Brasington stated that the funding for the skatepark has been turned down from the state. He stated that another proposal has been resubmitted.

Mr. Jensen stated that what happened at Black & Decker this week was a tragedy because people losing jobs goes beyond money. He said we as a town, working with the county have to look forward and get a more job diverse in Talbot County which will take a lot of work and cooperation between entities.

Ms. Jackson-Amis stated that there was a ribbon cutting at the table tennis center and she would have invited everyone had she known. She stated that Mr. Al Silverstein from the Chamber of Commerce had surprised her by bringing the scissors and ribbon to the center. Ms. Jackson-Amis stated that the top competitors in the country recently visited the center. She stated that they are still under construction and invitations will be forthcoming to the public to see the site.

Ms. Jackson-Amis stated that sometimes we put ourselves in the position, as in the case of Lowe’s and sometimes others, of championing one or two businesses and not diversifying enough. She stated that she thinks that they could have been better corporate citizens to have alerted us to the fact that this was coming down the pike. She stated that she would encourage us as we deal with businesses in the town, to make sure that they are genuinely concerned about their impact on the community if they decide to or have to change the economic relationship that they have had with the community as this is clearly a major economic impact.

The President of the Council, Mr. Willey reminded everyone about the meeting February 12 for the Growth Allocation for Ratcliffe Manor at Easton High School.

The President of the Council reminded the audience to please sign written comments.

Ms. Jackson-Amis asked for a 15 minute Executive Session to discuss a dire personnel issue.

Mr. Ford made a motion to go into Executive Session seconded by Mr. Jensen and carried unanimously.

At 8:35 p.m., the President of the Council convened into Executive Session.

At 8:52 p.m., the President of the Council closed the Executive Session.

There being no further business, upon motion by Mr. Reed, seconded by Ms. Jackson-Amis and carried unanimously, the President of the adjourned the regularly scheduled council meeting at 9:53 p.m.

Town Clerk