February 19, 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. Reed opened the meeting with prayer. He led those present in the Pledge of Allegiance.

Upon motion by Mr. Jensen seconded by Mr. Ford and carried, minutes of the January 22, 2002 meetings were approved with corrections that are to be submitted to the Town Clerk by Ms. Jackson-Amis for the Special Workshop Meeting minutes.

Mr. Tim Knotts reported for the Easton Volunteer Fire Department, Inc. He stated that they expect delivery on the new tanker in March or early April and the new city engine should be delivered the first of May.

Mayor Butler presented a Proclamation to Mr. Noah Frazier for his service to the Town of Easton. Mr. Frazier had approximately 38 years of dedicated service in the Public Works Department without any recorded sick leave.

Mr. Frazier stated that it had been a pleasure to work for the Town and he was going to try to take it easy.

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.

Mr. Ford made a motion to approve Ordinance No. 439, seconded by Mr. Jensen and carried unanimously following a roll call vote.

The President of the Council brought Ordinance No. 441, "AN ORDINANCE OF THE TOWN OF EASTON GRANTING THE APPLICATION OF W. LEE DENNY FOR A PLANNED UNIT DEVELOPMENT ZONING MAP AMENDMENT UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE" to the floor.

Mr. Reed stated that this is the second time for this to be sent to the Council. He stated that this time it was done in a more fashionable and beautiful display. Mr. Reed stated that he wanted to recall to everyone’s memory that the last time this Ordinance was looked at, he mentioned the accidents at Dutchman’s Lane and Route 50. He stated that in 1998, there were 15 accidents, 1999 there were 22 accidents, and in 2000, there were 28 accidents with 17 injuries. He stated that there had been three fatalities at the intersection. Mr. Reed stated that the one thing called to his attention is the color blue that is being asked for. He stated that he understands it is to be a skyline blue. He asked for clarification on the color blue that will be used.

Mr. Hamilton stated that he had the blue chip on the board.

Mr. Reed referred to Ordinance No. 441 and questioned which restaurants will be built.

Mr. Hamilton, the Town Planner, stated that the project as submitted is all you are approving. He stated that if the applicant changes the project in any way, they have to come back before the Council for approval. He stated that all they can build is what they get permission to build tonight.

Mr. Reed questioned if a street would be put in where First Street is. The Town Planner stated that First, Second and Third Street are paper rights-of-ways. He stated that they are streets that are platted that are not even in the Town of Easton. Mr. Hamilton stated that they are in the county and run perpendicular to the east side of Route 50. He stated that there has been discussion of using Third Street as a pathway into the back of this site to alleviate children and bicycles down Dutchman’s Lane.

Mr. Reed discussed Exhibit B of Ordinance No. 441.

Mr. Reed discussed traffic congestion and hazards on Dutchman’s Lane and Route 50. He discussed problems at The Pines on the west side of Dutchman’s Lane.

The Town Attorney clarified the Ordinance and stated that if any of those uses change, if instead of a restaurant there is a bank, then the applicant goes back to the Planning Commission and comes before the Council to determine whether the new combination of uses, will determine whether the new uses are appropriate uses for the property. The Town Attorney stated that granting a Planned Unit Development, gives the Council and the Planning Commission more control over future changes to the property than otherwise is the case.

Mr. Reed discussed the jobs that the applicant will be bringing with the development of the Royal Farms Store.

Mr. Reed read a statement from a constituent stating that it seems to them that granting a PUD must be predicated on full disclosure by the applicant not as stated by Royal Farms.

Mr. Jensen asked the Town Planner about the sign limitations. The Town Planner stated that the building is located on the corner and the signs shown on the building are the signs proposed. Mr. Hamilton stated that Royal Farms has a color code for their signs and the Planning Commission conceded that one sign can be their normal colors but their other colors will be muted. He stated that they plan to have a free standing sign but they haven’t submitted the details of where that is but that will have to meet the Town of Easton Code with a maximum height of 10’ and maximum area of 100 square feet, setback 10’ from property line with landscaping around it.

Mr. Hamilton stated that a professional landscape architect will have to design landscaping to meet the minimum standards of the Town of Easton Zoning Ordinance and they will have to maintain that. He stated that the Planning Commission went through a great deal of trouble to preserve the existing mature trees across the site.

Mr. Jensen moved to approve Ordinance No. 441, seconded by Ms. Jackson-Amis and carried with Mr. Ford and Mr. Reed voting no.

At 7:30 P.M., the President of the Council opened the Public Hearing to receive comments on the petition of Sherri Talbot, Yvonne D. Hoffman, and Yvonne D. Hoffman Charitable Remainder Unitrust ("The Petitioner") for Resolution No. 5751 which was introduced November 5, 2001 which would annex 52.291 acres lying contiguous to the existing boundaries of the Town of Easton, south of South Beechwood Subdivision and east of US Route 50 (Ocean Gateway).

The President of the Council stated the rules of the Public Hearing. He stated that Christopher Drummond, Esq., would be representing the Town of Easton.

The Town Planner discussed the site plan for the petition for annexation. He stated that the Planning and Zoning Commission recommends that the Council act similarly to the annexation request of the Swann Haven farm and amend the R-10A request to A-1 zoning which would require the applicant to come back before the Council if they chose to go with a PUD. He stated that they propose to build 90 villa style units. Mr. Hamilton stated that the Planning Commission found this to be consistent with the Town of Easton’s Comprehensive Plan, which shows this area as a potential for a residential development and growth in the Town of Easton.

The President of the Council asked where the east side collector road is on the site plan. The Town Planner stated that the east side collector is not pin pointed but one of the schemes which the developer has in his mind is actually to provide the east side collector as one of the roads in his development.

The President of the Council stated that the last time this annexation proposal was presented, there was discussion regarding the low areas on the east side. The Town Planner stated that the gravel pit issue will be addressed by the developer.

Joseph Stevens, Esq., stated that he is the attorney for Cherrywood Development who is the contract purchaser of the Hoffman property. He stated that he is here tonight just for annexation into the town. He discussed the booklet with exhibits provided to the Council regarding the annexation. Mr. Stevens stated that there are no underlying contaminants or ecological concerns with the gravel pit. Mr. Stevens stated that the Planning Commission recommended annexing this property into the town but with a condition of A-1 zoning because the Commission believes that the Town should control this property on the southern edge of the gateway into Easton on Route 50. He stated that his clients agreed to that stipulation. Mr. Stevens discussed the collector road that is proposed.

Mr. Ford asked if we know if this is annexed by the Town if it would require an amendment on the county’s sewer plan. Mr. Stevens stated that he believes that it does.

Mr. Kevin Sharon, McCrone, Inc., discussed the basic layout of the site. He stated that the property is bound on three sides by existing town boundary. Mr. Sharon stated that the Hoffman family owns the property and the Cherrywood Group is the contract purchaser. He stated that one of the first things they did is research the reasons for denials in the past which came down to a lot of environmental issues that had not been looked into to a level of satisfaction the council was looking for. Mr. Sharon discussed the delineation of the site in which the Corps of Engineers had verified. He discussed the Phase 2 Environmental Assessment Cherrywood Development had done on the gravel pit which he stated has had approximately six to eight feet of material removed over a ten acre area. Mr. Sharon stated that the entire site received a clean bill of health.

Mr. Sharon stated that Cherrywood is proposing a residential development on this property, which will be served by public sewer and public water. Mr. Sharon stated that Cherrywood has offered a 60’ right of way for the east side collector road along the south boundary of the property.

The President of the Council questioned the colors depicted in the drawing. Mr. Sharon stated that they are the town and county boundary lines.

Mr. Jim Dean, Cherry Development, stated that they are the purchase contractor for the Hoffman parcels. He stated that they are a residential development firm and have been in business for about 15 years. Mr. Dean stated that they are located in Waldorf, Maryland and operate 22 to 25 projects from Charles County through Anne Arundel, Prince Georges and outside the Washington metropolitan area. He stated that they had looked on the Eastern Shore for quite some time for potential development for product they had envisioned over on the western shore which has been quite successful. He stated that 85 to 90 percent of the recorded lots are single family detached product and based on the absorption, there are adequate single family detached product so they considered the villa product which he compared to Mallard Ridge. He stated that the product would be primarily single story with a second story loft and bedroom. It ranges 1800 to 2200 square feet with a price range in the upper 180,000 to 200,000 dollars.

The President of the Council asked how many units there would be. Mr. Dean stated that there would be somewhere around 100 units.

Mayor Butler questioned if all the units would be for sale. Mr. Sharon stated that this is correct with full maintenance.

Mr. Ford stated that the reasons the last application was denied was the lack of effort with the neighboring community and the lack of what was generally intended. Mr. Ford asked Mr. Sharon to discuss the collector road and how the development will tie into that. He also asked if consideration had been given with Beechwood and South Beechwood and the distress they have with their single entrance.

Mr. Ken Smeed, Traffic Concepts, stated that he will be working with the developer on traffic impact studies and traffic related issues if this does get annexed. He stated that basically the way it has been set up is the initial access on Route 50 will be a right-in, right-out with U-turns at the first median break. He stated that eventually, through preliminary discussions with the state and the county and the town, this will serve as the alignment and will establish the collector with the intersection becoming a great separating interchange where the east side collector will have a bridge over 50 tying into the Parkway.

Mr. Dean discussed original ideas and the potential to tying in directly into South Beechwood to alleviate the need to go onto Route 50.

Mr. Stevens asked if this was a requirement in the PUD, would the developer concede. Mr. Dean stated that they would have no problem doing that.

Mr. Dean discussed the Homeowner’s Association and their desire to sit down with them to provide buffers and additional accesses.

Mr. Reed stated that he did not think putting a road through South Beechwood as a collector road would probably not sit well with the property owners.

Mr. Stevens stated that if this is what the town and community want to do, they will provide it. He stated that they are not saying that this is what they intend to do.

Mr. Stevens submitted the entire Phase 1, limited Phase 2 assessment for the record. He stated that on the Police Barracks property, the study notes that there are some underground storage tanks that are being removed by the State Police.

The President of the Council asked for questions from the Council. There were none.

Mr. Tom Alspach, Talbot Preservation Alliance, stated that what he would like to do is first, tell what they are not against and what they are for. He stated that they are not against all growth because they have already approved 2000 dwelling units in this town. Mr. Alspach stated that they are going to recruit growth in this area, we should have a plan in place on how it is going to be accommodated. He stated that discussions indicate to him, why more planning needs to be done. Mr. Alspach stated that he has heard a lot about the east side collector road and he thinks there needs to be a plan where the road is going to go and when we know that kind of information, we can move back from there and establish where we want to annex and how we want to use it. He stated that there needs to be a plan for commercial growth. Mr. Alspach stated that the developer has stated that there is a particular need for this product is this price range but he does not think so. He stated that the price range talked about is already served by 140 more dwelling units to be built at Stoney Ridge, 99 at Magnolia Meadows, 133 at Parkway East and 480 at Matthewstown Road. Mr. Alspach concluded with that the majority of people in this community believe that growth is occurring too fast and this pace is getting us ahead of any real planning for how the growth is going to be accommodated. He urged the Council to look at the planning issues that are raised by a project like this before annexation then work backwards in a reactive way from there.

Mr. Ford referring to Twin Oaks, stated that there is more than simply the sewer allocation issue with that 480 homes. He stated that there is no approval of any kind of a site plan on that ground so there are many more issues than simply the sewer. Mr. Ford stated that the number is out there but there is no approval of any kind yet.

The President of the Council asked if there was anyone else to come before the Council. There was no one.

At 7:50 P.M., the President of the Council closed the Public Hearing. Mr. Willey stated that the record for written comments will stay open until next Tuesday, February 26 at the close of business.

The President of the Council brought Resolution No. 5762 to the floor authorizing the Town Clerk to abate Corporate Personal Taxes in the amount of $216.50.

Mr. Ford made a motion to approve Resolution No. 5762 authorizing the Town Clerk to abate Corporate Personal Taxes in the amount of $216.50 seconded by Mr. Reed and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5763 to the floor authorizing the Mayor and the Town Clerk to execute all appropriate documentation to enter into a new lease with Xerox.

Mr. Ford made a motion to approve Resolution No. 5763 seconded by Mr. Reed and carried unanimously following a roll call vote.

The Town Attorney stated that he has discussed Ordinance No. 440 briefly with Mr. Drummond and if he is given the language to incorporate into the Finding of Facts, he can incorporate it into Resolution No. 440.

The President of the Council brought Ordinance No. 440, "AN ORDINANCE OF THE TOWN OF EASTON GRANTING THE APPLICATION OF BRANT COURT PROPERTIES LIMITED PARTNERSHIP FOR PLANNED UNIT DEVELOPMENT AND COMMERCIAL MEDICAL ZONING UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE."

Mr. Ford made a motion to approve Resolution No. 440, seconded by Mr. Reed.

Mr. Ford stated that at the Public Hearing on the Brant Court application, we heard from the owner of a neighboring property regarding stormwater management runoff and he wants to include that the approval of the project is subject to the stormwater management approval by the Town Engineer.

Mr. Drummond stated that in as much as any project will require site plan approval, and site plan approval will not be granted by the Town’s staff until it is satisfied that the stormwater management and it will be complied with and reviewed by the Town Engineer’s office, and in as much as new stormwater management requirements that have been posed across the state, which require both quality and quantity control which means that the property must attenuate what is on the property must stay on the property until it is managed and what enters the property from other properties must also be retained for a certain amount of time until the quality is improved.

Mr. Ford stated that the property is unimproved now and he does not want a problem. He stated that he does not want to make it worse, he wants to make it better.

Mr. Drummond reviewed proper wording with Mr. Ford.

The President of the Council stated that Ordinance No. 440 as amended has been motioned for approval and carried with Mr. Jensen voting no.

The President of the Council stated that for the upcoming budget, he would like to see a continuation of what was started last year. He suggested to the department heads that for any capital expenditures you see coming down the road, please include those in the budget as well as a timeline on when you would like to see it accomplished.

The President of the Council stated that there was a request from Norris Ford for annexation. He referred the annexation request to the Planning and Zoning Commission for recommendation.

The President of the Council brought invoices to the floor for approval totaling $266,948.74.

Mr. Ford made a motion to approve payment of the invoices seconded by Mr. Jensen and carried unanimously.

The President of the Council stated that the Economic Development Commission will present their goals and objections at the next Council meeting.

The President of the Council asked if there was anyone present that would like to address the Council.

Ms. Ruth Meyer Donnelly, Waylands, stated that she did not see how the Council could approve Brant Court. She asked the Council how many had walked around the ground around the Brant Court area. The Council responded with two members. Ms. Donnelly stated that the Council really does not know the area. She stated that the storm drains do not work even in Waylands because they are so full of sludge, mud, and growth and they are not cleaned out. She questioned where the runoff is going to go from the buildings that will tower over the trees. Ms. Donnelly stated that the retired residents will hear the noise from the trucks. She stated that she is totally against this development. She stated that she does not think it is fair for the people in Waylands or their quality of life or for the runoff or drainage that is going to come.

The President of the Council stated that at the Public Hearing there were drawings of the project. Ms. Donnelly stated that many of the residents in Waylands do not even get the paper. She stated that people did not have time to object.

Ms. Madeline Eli, Waylands, stated that she thought that the EPA was to protect the wetlands. She stated that this area is designated wetlands. She stated that the proposed development at Brant Court will tower over their houses. She stated that people do not get the paper. She questioned whether a letter could be sent. Ms. Eli stated that she felt this was done behind everyone’s back.

The President of the Council stated that this is a bad statement.

Ms. Rebecca Ellison stated that she agrees with the previous speakers and she is proud of them for voicing their opinion. She discussed her inability to participate in the public hearing since the county had a hearing the same night. She stated that she lives in Oxford and spoke about her efforts to get through town. Ms. Ellison questioned the town’s right to bottleneck Route 50 and have everyone doing U-turns and talking about an overpass. Ms. Ellison thanked Mr. Reed for his questions and concerns.

Ms. Jackson-Amis stated that Ms. Ellison sent her objections and Ms. Jackson-Amis made sure she identified them although many suggested she not do that because Ms. Ellison lives in Oxford and Ms. Jackson-Amis did not think that is right because she uses the road as she identified here. Ms. Jackson-Amis stated that she thinks it is fair to say that each and everyone of her objections and concerns were clearly delineated by herself on the record. She stated that she may object to her vote but there is enormous opportunity for public discussion on any and all of the issues. Ms. Jackson-Amis stated that the Council does have to come to a decision so she thinks she should step back just a bit because although Ms. Ellison was not present physically, her opinions were clearly stated.

Ms. Ellison suggested separate e-mails. Mr. Willey stated that he has two addresses he can provide.

Mayor Butler stated that the Waterfowl Festival presented the print on the wall to the Town of Easton last week. He thanked the Waterfowl Festival for the presentation.

Mayor Butler stated that he had traveled to Annapolis with Mr. Bibb, Director, Easton Housing Authority to try to find some funds for low-income housing. He stated that everyone he talked to said the same thing, that the budget is tight and there may not be any funds for low-income housing but they are still trying.

Mayor Butler stated that Mr. Willey, Mr. Reed, Mr. Brasington from the Park Board and himself had a meeting with the YMCA regarding a skatepark location. He stated that they left the meeting with a possible location near the YMCA. He stated that the YMCA will be submitting requests to the State for funding for the skatepark.

Ms. Jackson-Amis questioned who would own the skatepark. Mayor Butler stated that it would be a joint effort between the Town and the YMCA.

Ms. Jackson-Amis stated that she would like to ask the Mayor to appoint her to the Talbot Family Network. She stated that the Board operates under the auspices of the state. She stated that the town is a stakeholder and really does not have representation and she is keenly aware of the importance of this Board and significant functions they have in the town and she would like to serve.

Mayor Butler stated he will look into the matter.

Ms. Jackson-Amis stated that she has been asking to attend the interviews for the Economic Development Coordinator and unfortunately the interviews were scheduled during a time she was out of town.

Mayor Butler stated that there will also be interviews tomorrow morning.

Ms. Jackson-Amis thanked Mayor Butler for his information.

Chief Harvey stated that he wanted to notify the Council that they have not received a request for St. Patrick’s Day or the Easter Egg Hunt and the dates are approaching.

The Assistant Town Engineer, Mr. Gruber, reminded the Council that Tuesday, February 26, the annual road inspection will be taking place. He stated that this year, they will be paying particular attention to the sidewalks. He encouraged any Council members to attend and stated that they will leave Easton Utilities at 8:00 a.m.

Ms. Jackson-Amis stated that she would like to recommend an additional review after a site plan review has been accomplished and the decision has been made. She asked the procedure for an additional review.

The Town Planner stated that the site plan review covers such a spectrum of projects that he would have to know the nature of the project but if the applicant wanted to change the site plan which they had approved, it follows the same process at which the original site plan was submitted. That applicant would have to come forward and submit a request to amend the site plan.

Ms. Jackson-Amis asked if the applicant is not interested and she is as a councilmember because she thinks there is a concern that the Commissioners need to formally need to review, would she be able to initiate that process activated without cost to the original applicant.

The Town Planner stated that there is an appeal process but he would like to consult with the Town Attorney.

Ms. Jackson-Amis asked the Town Attorney if there is anything less than an appeal.

The Town Attorney stated that he could not think of anything at this time other than an appeal. He stated that he will discuss this with the Town Planner.

The President of the Council discussed the meeting this evening and the comments regarding the Council’s lack of integrity. He stated that he cannot imagine any of the town staff compromising themselves. Mr. Willey stated that it does not make good sense. He discussed the rule of order and stated that the council or the staff would not be bashed.

The President of the Council discussed public notification for public hearings.

Mr. Jensen stated that he had received a letter from Ms. Arlene Smith. Mr. Jensen stated that it was a petition from children for a park in Golton. He stated that he would direct the petition to Mr. Brasington.

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

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

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