Richard
T. Warfield, Administrative Support Supervisor for Town Clerk Robert F. Karge,
Town Attorney C. Kehoe, Town Engineer T. Glass, Assistant Town Engineer J. Gruber,
Town Planner
The Mayor and
APPROVAL OF MINUTES OF JANUARY 6, 2003 MEETING
Upon motion by Mr. Ford,
seconded by Mr. Reed and carried, minutes of the January 16 and
RESOLUTION NO. 5800, “A RESOLUTION OF THE TOWN OF
Mr. Ford made a motion to approve Resolution No. 5800, seconded by Mr. Jensen and carried unanimously following a roll call vote.
MEMO FROM TOWN PLANNER REGARDING LAKELANDS SUBDIVISION PUD (CHERRYWOOD DEVELOPMENT LLC)
The
President of the
Mr. Ford asked if a member of the Planning Commission could be present at future Public Hearings. The Town Planner stated that this would be arranged.
REPORT FROM
Mr.
Tim Knotts was present on behalf of the Fire Department with the monthly totals.
He stated that
COUNCIL CONSIDERATION FOR LETTER OF SUPPORT FOR CERTIFICATE
OF NEED FOR RENOVATIONS TO THE
Ms.
Jackson-Amis made a motion to write the letter of support for a Certificate
of Need for renovations to The Memorial Hospital at
DISCUSSION OF COMPREHENSIVE PLAN
The
President of the
The
President of the
The Town Engineer stated that they are reviewing their water/sewer tariff and seeing how the change may be integrated into that.
UPDATES TO PARK BOARD ORDINANCE
The
President of the
PUBLIC
At
The
Town Planner briefed on the specifics of the project. He displayed a brief sketch.
He stated that the project is currently two PUD projects; one the Cooke’s Hope
PUD and the second the
The
Town Planner stated that the Planning and Zoning Commission has forwarded a
positive recommendation to the
Ms. Jackson-Amis asked if the Planning Commission have been able to consider the concerns raised. The Town Planner stated that the concerns raised regarding designs have been considered. He stated that other concerns were brought forth because there is a project here at all. He stated that the Planning Commission had heard from some of the residents and their concerns have been addressed.
Mr. Jensen asked for clarification on the change in PUD.
Mr.
Bruce Armistead, Esq., was present on behalf of the developers of the Cooke’s
Hope project. He stated that this is a proposal to amend an existing PUD known
as the Cooke’s Hope PUD. He stated that one of the proposals before the
Mr.
Armistead discussed the three basic elements, the construction of a farmhouse
with related barn and maintenance buildings, the construction of some residential
cottage units in the existing village PUD and the construction of approximately
73 townhouse units known as Galloways II. Mr. Armistead stated that this is
an expansion and a merger, meaning an amendment of the existing PUD into one
single PUD. Mr. Armistead stated that they feel it creates a unified PUD, a
single Master Plan and it does present the master plan for the build out of
the Cooke’s Hope project. He discussed the warrant for the change in the layout
to come up with the approximate 330 units represented to the
Mr. Bill Stagg, a landscape architect and land planner with Lane Engineer was present on behalf of the applicant. He displayed the Cooke’s Hope PUD with the three proposed areas to be added to the PUD. Mr. Stagg discussed the locations of the area. He stated that they are proposing to add three additional barns, a caretaker’s house in a farmhouse theme and 18 cottage units in the village court. Mr. Stagg stated that there will also be an additional 5,000 sq. ft. office building directly next to the existing office building.
Mr.
Stagg discussed the proposed
Mr. Stagg stated that this could be a five to eight year project, with a ten-year build out with the market pace. He stated that when everything is done, there will be 332 units at Cooke’s Hope. Mr. Stagg stated that the project is very tax positive for the town.
Mr.
Ford asked Mr. Stagg to discuss entrance ingress and egress into the new section
and
Mr.
Stagg discussed an emergency access from
Mr.
Stagg stated that this is not their desire to explore this but if it is a condition
or a recommendation, they will do what the
Ms.
Jackson-Amis asked if there were any contractual problems. She questioned if
the
Mr.
Stagg and Mr. Armistead stated that they were not aware of anything. Mr. Armistead
pointed out that the
Mr. Stagg discussed the eight findings of fact necessary for any PUD project. He briefed on those points. He stated that the project is in compliance with items A through G as found in the Zoning Ordinance page 559.
Mr.
John Stouffert,
Mr.
Ford asked for clarification regarding the inconsistency with how
Ms. Jackson-Amis discussed the open space and the lot lines. Mr. Stouffert discussed discussions with the developer regarding modification of the plans. Ms. Jackson-Amis discussed a possible compromise with the developer.
Mr. Jensen asked what the original plan for the Galloways II area was. The developer responded that they wanted to have it as open space but due to losing units and easements, plans changed.
Mr.
Fred Roser,
Ms.
Barbara Lofquist,
Mr.
Harry Canter, 6833 Cooke’s
Ms.
Lilly Lavoie,
Mr.
Jeff Denton, 6855 Cooke’s
Mr. Ford asked for a response from the applicant relative to their response to the discrepancies.
Mr. Armistead stated that the process described is the process he tried to convey to Ms. Jackson-Amis relative to the relocation of the reservational developments rights area which is possible to do that through the relocation of that area on a plat approved by the county. He stated that he believes that this is where the confusion arises.
Mr. Jensen asked if there was a plan to put this under conservation easement. Mr. Armistead stated that he did not know of a formal plan but it was considered open space that might one day be deeded or restricted in that way. He stated that he was not aware of a formal easement agreement.
Mr. Firth discussed the Delmarva Fox Squirrel issue. He stated that their concerns were relative more in woodland areas and that their plans were not to develop the wooded area. He stated that Cooke’s Hope is a good community because it is a profitable community and things do change and losing the 40 units and the easement value does affect the bottom line. Upon Mr. Jensen’s request, Mr. Firth explained the easement value.
Mr. Ford stated that he understands that circumstances change and what makes a PUD zone an effective land management tool is that it allows for changes in circumstances and for a developer to take advantage of changes but provides a mechanism in our ordinance but any of those changes are subject to fairly expensive review by appointed officials of the town and the public. Mr. Ford discussed what was represented to the residents/buyers. Mr. Firth clarified his intent.
Mr. Stouffert stated that in his opinion, the representations change over time.
There
being no further comments, the President of the
At
At
At
PUBLIC HEARING ON THE LOCATION OF A NEW MILLION GALLON
WATER TANK PLANNED TO BE AT THE SOUTH END OF THE
At
The
Town Engineer, Mr. Glass briefed on a request from Easton Utilities to locate
a million gallon elevated storage tank on the
Mr.
Glass discussed the need for an additional storage tank. He stated that the
purpose of the tank is for redundancy, the operation and reliability of the
water system. Mr. Glass stated that the need for this tank exists whether there
is an additional house in
Mr.
Jensen asked why a new tank gets larger. Mr. Gerry Adams stated that this tank
will be constructed at a higher elevation than the existing
Mr. Jensen asked if the water tank could be moved over on the site as not to be dead-on with the street. Mr. Glass stated that he believes it can be moved. He discussed other locations on the site and associated costs with placing the storage tank on another location. He stated that they would have to make up for the lower ground elevation.
Mr. Ford asked what the additional costs would be to move the storage tank. Mr. Glass stated that it adds approximately $3,000 to $3,500 a vertical foot to the tank with a 4 feet elevation so around $12,000.
The
President of the
Ms.
Louise Perry,
Mr.
Bruce Perry,
Mr.
Winford Simpkins,
Mr.
Simpkins asked for a show of hands for the residents present from
Mr. Adams stated that as the site is moved south, the hydraulics are lost because we are going through a longer length of pipe. He stated that all new residents are charged a capital charge of $1,050 for the water system and $2,100 for the sewer system and all the new homes incur these costs. Mr. Adams stated that developers are paying for a new water main to be installed. Mr. Adams stated that the capital charge was put into effect in the 70’s which was after the South Clifton homes were established so he feels sure that the development at South Clifton did not pay anything toward the capital charge for the improvements of the water system.
Mr.
Ford questioned if there is an alternate route to get to the construction vehicles
in and out. Mr. Glass stated that JC Dodd is located at the very end of that
park. He stated that this is all private property and not connected to the
Mr.
Chad Nessell,
Mr. Ford stated that his parents live in an adjacent community.
Mayor Butler advised that he has received five letters against the construction of the water tower at this location.
At
MEMO FROM MAYOR C. EUGENE BUTLER REGARDING COUNCIL CONSIDERATION FOR THE APPOINTMENTS OF MR. GLENN D, KLAKRING, ESQ. TO THE ETHICS COMMISSION, MR. MICHAEL O’CONNER, ESQ. TO THE BOARD OF APPEALS AND MR. BURTON B. WILSON AS AN ALTERNATE TO THE BOARD OF APPEALS
Mr. Ford made a motion to approve the appointment of Mr. Burton B. Wilson as an alternate to the Board of Appeals, seconded by Ms. Jackson-Amis and carried unanimously.
Mr. Ford made a motion to approve the appointment of Mr. Michael O’Conner, to the Board of Appeals, seconded by Ms. Jackson-Amis and carried unanimously.
Ms. Jackson-Amis discussed her concern of the process adhered to for her request for consideration of Mr. George Wilson to the Ethics Commission.
Mr.
Ford stated that
Mr. Ford made a motion to approve the appointment of Mr. Glenn D. Klakring, Esq., to the Ethics Commission, seconded by Mr. Reed and carried with Ms. Jackson-Amis voting no.
DISCUSSION OF EMERGENCY HOUSING FUNDING
The
President of the
COUNCIL MEETING DATE CHANGE
The
President of the
DISCUSSION OF PROPOSED HUMAN RELATIONS COMMISSION
Ms.
Jackson-Amis stated that she would like some finality to the question whether
or not the Town was going to have a Human Relations Commission that has teeth
in it. She discussed the final analysis on whether or not there could be subpoena
powers and stated that an opinion had been received from the Attorney General
that stated with specificity that the Town of
Mr. Ford stated that his recollection of the discussion was there was support for the Commission but a difference on points regarding what form that Commission would take is where some points there was a difference on. He stated that a Human Relations Commission would be a benefit to this town if its purpose was to mediate and facilitate access to other remedies should the mediation not work to help advise the elected officials on town policies regarding discrimination issues and to educate the people at large about avenues. Mr. Ford stated that he is opposed to a Human Relations Commission that is an investigative body with subpoena powers.
Mr. Jensen stated that he has a similar problem that he brought up with the skateboard park. He stated that discussion occurred regarding the skateboard park not knowing exactly what we were talking about and he feels the same thing is happening with the Human Relations Commission. Mr. Jensen stated that now that we know that the subpoena power is something we can do, we need to discuss the form the Human Relations Commission would take, what its scope would be, then decide whether having subpoena power would be a good idea or not within that scope. He suggested talking in more specificity than has taken place. He stated that he is not ready to vote up or down.
Mr.
Reed stated that he thought that Human Relations complaints could be handled
and would be handled by the State and the office in
Mr.
Willey stated that he recalled a participant from
Ms. Jackson-Amis stated that she has had her share of those issues and she feels inundated with issues from citizens that feel compelled to bring to her that need to be handled outside of the town per se. Ms. Jackson-Amis asked that citizens present be permitted to speak.
Mr. Walter Chase, First Vice President, NAACP, stated that the issue first came up January 2000. He discussed the history of the discussions and ordinance.
Mr. Ford stated that the opinion from the Office of the Attorney General was received April 2002.
Mr.
Chase was not aware of any response or findings from Ms. Hughes from the Town
Ms. Jackson-Amis stated that it was her understanding that the County is pursuing a Human Relations Commission with subpoena power.
Discussion occurred on the specificity of a Human Relations Commission with subpoena power.
Ms. Jackson-Amis stated that she does have a model of the Commission she has worked up. Mr. Willey asked that he receive a copy.
CHIEF OF POLICE COMMENTS
Chief
Harvey had one request for a Multiple Sclerosis Walk on April 13 from
Mr. Ford made a motion to approve the walk, seconded by Mr. Reed and approved unanimously.
Chief
Harvey stated that on behalf of his wife, to the Mayor, Town
Mr. Jensen asked the Chief for information regarding speeding traffic on Goldsborough. Mr. Jensen asked that a copy be forwarded to him.
TOWN ENGINEER’S COMMENTS
The Town Engineer stated that in observance of President’s Day, the trash collection for the town will be moved to Tuesday, Monday’s route Tuesday, Tuesday’s route Wednesday returning to the normal schedule Thursday.
The
President of the
Mr. Jensen asked that the crosswalk sign be replaced.
COUNCIL’S COMMENTS
Ms.
Jackson-Amis discussed the photo radar technology bill. She stated that MML
is seeking to enable to municipalities to use photo radar technology for speed
monitoring. Ms. Jackson-Amis asked that representatives in
The Town Attorney suggested addressing Chief Harvey regarding photo technology.
Ms. Jackson-Amis stated that when Governor Ehrlich ran he stated that he would not balance the budget on the backs of municipalities but the highway user revenue has been hit substantially. She asked that letters be forwarded reminding Governor Ehrlich of his promise.
Ms. Jackson-Amis discussed her request for a workshop to discuss pension. She stated that she wanted it to be clear that she was not talking about former council; she was talking about current council which means about $50 per month based on current salaries. She clarified that the health insurance resolution was not her effort.
The
President of the
The
Town Attorney stated that application has been made for
Mr. Ford discussed the Public Hearing requirements for annexation.
Mr.
Jensen discussed the Heritage Tax Credits that are also on the chopping block
in
ADJOURNMENT
There
being no further business, upon motion by Mr. Jensen, seconded by Mr. Ford and
carried unanimously, the Acting President of the
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