March 18, 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, Town Planner Mr. Hamilton, Town Attorney Mr. Kehoe and Assistant Town Attorney Ms. VanEmburgh.

Mr. Ford opened the meeting with prayer. In honor of St. Patrick’s Day, Mr. Ford offered an old Irish Proverb; "may the saddest day of your future be no worse than the happiest day of your past." He led those present in the Pledge of Allegiance.

Upon motion by Mr. Ford seconded by Mr. Jensen and carried unanimously, minutes of the March 4, 2002 meeting were approved as written.

The President of the Council stated that there was a letter in the packet concerning Rural Development and the West Kennedy Street annexation.

The Assistant Town Attorney Ms. VanEmburgh stated that they were excited they had finally heard from Rural Development. She stated that they will look proposed at figures per lot.

The President of the Council brought a memo to the floor from Mayor Butler appointing Mr. Alexander Bond to the new and created Economic Development Coordinator position.

Mr. Jensen made a motion to approve the appointment of Mr. Bond, seconded by Ms. Jackson-Amis and carried unanimously.

The Town Engineer discussed the Rental Housing Program. He stated that the department is comprised of Mr. John Garlick with secretarial support from the Building Inspector’s secretary. Mr. Glass discussed the fee schedule and functions of the program.

Ms. Jackson-Amis discussed records for properties that do not meet livability standards. The Town Engineer stated that records are kept regarding inspections.

Mr. Jensen asked if registration of rental property is voluntary. The Town Engineer stated that it is a requirement in the Code and Charter. Mr. Glass discussed the numbers of rental properties not registered.

At 7:15 P.M., the President of the Council opened the Public Hearing on the petition of Arthur L. Foster and Ann E. Foster requesting annexation of 159.949 acres into the town fronting on the south side of Chapel Road, just north of Mulberry Station Subdivision. The requested zoning is 147.126 acres of R-10A (residential) and 12.823 acres of CL (limited commercial) for a triangular shaped portion adjacent to Route 50.

The President of the Council discussed the rules for the Public Hearing.

The Town Planner displayed an overhead of the proposed annexation. He stated that the Planning and Zoning Commission had sent a letter recommending approval of the annexation. He stated that the Commission supported the CL zoning on the 12.823 acres for limited commercial.

Mr. Ford discussed the setback for a CL zone. The Town Planner stated that it is 40’ and has a minimum lot size of 60 square foot.

John Murray, Esq., on behalf of the applicant, Mr. and Mrs. Arthur Foster, passed out drawings for exhibits. Mr. Murray stated that in addition to himself tonight, the presentation team will include Mr. Tom Rone, the contract purchaser for the proposed to be residential portion of the property as well as Mr. Tom Davis, an engineer with McCrone.

Mr. Murray gave an overview of the annexation petition. Mr. Murray stated that he knows that tonight is not a hearing on any particular development plan and the only issues specifically before the Council is whether the property will be annexed and if so, with what zoning. Mr. Murray discussed property lines and zoning. He stated that the applicant is willing to pay all the costs associated with the required public improvements. Mr. Murray stated that the owners will dedicate a utility easement requested by Easton Utilities as well as provide and construct the land for a portion of the east side collector road.

Mr. Murray discussed the R-10 zoning and the CL zoning and the permitted uses. Mr. Murray stated that the zoning they are requesting is substantially similar to the development contemplated by the town’s Comprehensive Plan and is substantially identical to the county’s Comprehensive Plan. He discussed the Planning and Zoning Commission’s support of the annexation request. He stated that a majority of the County Planning Commission found that the property proposed for annexation was consistent with the County Comprehensive Plan and voted in favor of the requested commercial zoning. Mr. Murray stated that the applicant is not looking for any tax abatements or special considerations and are prepared to fund all required infrastructure improvements including the extension of public utilities and will build a portion of the eastside collector road for the town.

Mr. Ford asked what had transpired in the time that the Easton Planning and Zoning Commission recommended approval of the annexation in February 2001.

Mr. Murray stated that what is being asked for today is a second generation of an annexation that was before this council two to three years ago. That request was for the commercial portion only. Mr. Murray stated that the council voted to annex the property but not to give it the CL zoning requested and for that reason, that application was withdrawn. He stated that they heard that the council may be more favorably inclined to vote for the CL zoning if the rest of the farm was offered for annexation. So they re-scheduled after getting the proper documents revised.

Discussion was held regarding proposed uses. Mr. Murray stated that there are no specific users to day for the CL zone.

Mr. Tom Davis, McCrone Engineering, Inc., stated that they have been retained by Lenfest, Inc. He discussed the annexation proposal and the subject site. Mr. Davis stated that the property is predominantly agricultural use except for a wooded area, which would remain. He displayed graphics detailing the annexation and zoning. Mr. Davis stated that Lenfest is the contract purchaser of the R-10A portion of the development with the idea to continue Mulberry Station. He discussed design concepts and amenities considered.

The Town Attorney asked if this proposal had been submitted to the Town’s Planning and Zoning Commission. Mr. Davis stated that they have no specific concept.

Mr. Tom Rhone, Vice President of Lenfest, Inc., discussed the Lenfest Corporation, which is financed by Lenfest Trust, a Fortune 500 company. Mr. Davis discussed the homes at the Mulberry Station site. He stated that there are 114 homes remaining to be built. He stated that they had polled the homeowners in Mulberry Station and they signed a petition in favor of the annexation and the zoning proposed. Mr. Rhone discussed a proposed community building. He discussed property recently purchased known as Parkway East which will be renamed Patriot Square with affordable housing townhomes priced around $110,000 and single-family homes in the price range of $130,000.

Mr. Ford questioned Mr. Rhone on his opinion regarding the argument that there is already enough commercial property.

Mr. Rhone stated that their Corporation does not do commercial and he had not researched the availability of commercial property. He stated that he did envision commercial development on nearby property in the future. Mr. Rhone stated that they intend to create a buffer of trees between the single family homes and the commercial development.

The President of the Council opened the Public Hearing for audience comments. He asked if there was anyone present from the State or County that would like to make comments.

Mr. Don Zeller, Mulberry Station, stated that he is very much in favor of the development. He stated that the developer has the highest standards and integrity.

Mr. Rod Schwan, 135 Chapel Road, stated that his comments are regarding the CL zone. He stated that he was not against the annexation but asked the Council to vote against the CL zone. Mr. Schwan stated that he is concerned about the CL zone adjacent to the Gannon property and felt that it would easily be brought in as a PUD with commercial access on Chapel Road. He expressed traffic concerns at that intersection.

Mr. Tom Alspach, Esq., was present on behalf of Talbot Preservation Alliance. He stated that their steering committee had recently met and he was asked to come to the meeting to speak in support of the Comprehensive Plan and in support of the Town of Easton’s professional staff. He discussed the need for commercial growth in the Town of Easton. He stated that there is enough commercially zoned land in the Town of Easton to accommodate the need for any various 30 year growth projections. Mr. Alspach stated that this property is not slated for commercial development in the Comprehensive Plan. He discussed results of a survey from residents regarding the need for more shopping centers. Mr. Alspach stated that there is plenty of housing in this community for a long time to come.

Ms. Rebecca Ellison, 27350 Oxford Road, commended Mr. Jensen for his article recently in the newspaper regarding Ratcliffe. Ms. Ellison discussed aquifers.

Mr. Ford stated that Mr. Drummond pointed out at the recent presentation with the League of Women Voters at the Historical Society that Easton draws less than 10% of its water supply from the aqoia aquifer.

The President of the Council, Mr. Willey asked if there were any additional comments. There were none.

At 8:03 P.M., the President of the Council closed the Public Hearing. He stated that he would leave the record open for written comments until Friday at 5:00 p.m.

Mr. John Murray submitted a petition in favor of the annexation from the neighbors. Mr. Murray stated that this is good planning with the right kind of use. He stated that he appreciated the Council’s consideration.

Mr. Ford questioned that pertaining to the residential portion of the annexation, there is no current developer. Mr. Murray stated there is a developer, United Trust Fund, but there is no plan.

Mr. Drew Jensen, Easton Volunteer Fire Department was present on behalf of the Fire Department. He stated that he has nothing to report.

Mr. Reed made a motion to approve payment of invoices totaling $426,316, seconded by Mr. Ford and carried unanimously.

The President of the Council stated that the Park Board has inadvertently been omitted from some of the processes lately but they will be included in the future.

The President of the Council stated that the Mayor is passing a milestone this week – his 50^th anniversary.

Mayor Butler stated that he will be celebrating his anniversary this week with a vacation with his lovely wife.

Mayor Butler thanked the Council for approving Mr. Alexander Bond’s appointment as Economic Development Coordinator.

Mayor Butler asked anyone that is in the area of the North Easton Park to stop by and see the newly constructed concession stand. He thanked Mr. Phil Russell and Mr. Bob Rauch for their help.

Ms. Jackson-Amis stated that with regards to the Economic Development Coordinator’s position, and with all the recommendations made, she stated there will be a time to discuss some of those issues suggested by the Task Force in terms of who should sit on the board as well as other details.

Mayor Butler stated that he hoped to have a committee together for the Economic Development Coordinator to work with in the next few days.

Chief Harvey reported on the traditional Easter Egg Hunt, which will be held March 30 at 12:00 noon at the Talbot County Circuit Court.

Mr. Ford moved approval of the Easter Egg Hunt seconded by Mr. Jensen and carried unanimously.

Mr. Ford thanked the Easton Police Department from his wife for the Pre-K tour of the department. He stated that they were very well received and the kids thoroughly enjoyed themselves.

The Town Attorney asked the Council what their wishes are for reaching a decision on the Elm Street Development.

Ms. Jackson stated that she does not need any questions answered but needs time to digest the information.

The President of the Council stated that Mr. Jensen will be away at the next meeting. He stated that the Elm Street Development will be discussed April 15.

The Town Engineer stated that the Town offices will be closed in observance of Good Friday. He stated that the garbage will be picked up for the entire town on Monday.

The Town Engineer stated that the Rails-to-Trails Goldsborough Street upgrade was worked on Saturday. He thanked everyone for their patience.

The Town Engineer stated that the Dover Street reconstruction project bid opening will occur July 2 by State Highway Administration with the notice to proceed September 9.

The Town Engineer stated that there will be tree planting taking place around the town.

Mr. Jensen questioned if the state money was a done deal for the Dover Street reconstruction project. The Town Engineer stated that the funding has been approved and the project is moving forward.

Mayor Butler discussed Mr. Willey’s upcoming retirement. He stated that Mr. Willey will retire March 29 after working for Cadmus for 41 years.

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

At 8:17 P.M., the President of the Council adjourned the regularly scheduled meeting.

Town Clerk