TOWN OF EASTON, MARYLAND

September 2, 2003

PRESENT

Mayor Robert C. Willey                                               Councilmember Scott R. Jensen

President John F. Ford Councilmember Leonard E. Wendowski, Sr.

Councilmember-Elect Maureen Scott-Taylor                 Councilmember Moonyene Jackson-Amis

IN ATTENDANCE

Town Clerk Robert F. Karge, Town Attorney Christopher B. Kehoe, Town Engineer Tim Glass, Assistant Town Engineer Joe Gruber, Town Planner Tom Hamilton, Chief of Police George Harvey and Economic Development Coordinator Al Bond.

CONVENING

At 7:00 p.m., Ms. Jackson-Amis led the audience in prayer and Pledge of Allegiance.

OATH OF OFFICE ADMINISTERED TO WARD I COUNCILMEMBER-ELECT MAUREEN SCOTT-TAYLOR

Mayor Robert Willey administered the Oath of Office to Ward I Councilmember-Elect Maureen Scott Taylor for the remainder of a four year term expiring May 2007.

APPROVAL OF MINUTES OF AUGUST 18 AND AUGUST 21, 2003 MEETINGS

Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously, minutes of the August 18 and August 21 meetings were approved as written.

ITEMS BY THE FIRE DEPARTMENT

There was no report from the Easton Volunteer Fire Department, Inc. at this time.

MEMO FROM TOWN ENGINEER REGARDING APPROVAL TO PURCHASE 2003 4WD BACKHOE/LOADER

The Town Engineer asked for any questions. He stated that this purchase was included in this year’s budget. He asked for Council approval to issue a purchase order for the backhoe/loader. Mr. Glass stated that $68,000 was budgeted and the bid recommended is $52,000.

Mr. Wendowski asked if the trade-in would be traded in. Mr. Glass stated that the trade-in was considered in the bid.

Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried unanimously, approval was granted for the backhoe/loader purchase.

RESOLUTION NO. 5814 APPROVING THE DESIGNATION OF A COMMUNITY LEGACY AREA AND COMMUNITY LEGACY PLAN AND APPLICATION AND RECEIPT OF FINANCING FOR SUCH TO BE FINANCED BY DHCD OF THE STATE OF MARYLAND OR THROUGH OTHER DEPARTMENTS OR AGENCIES OF THE STATE OF MARYLAND

Mr. Bond discussed the priorities of the projects. He stated that the Council ranked the projects as follows: 1) update to Community Legacy Plan; 2) to put infrastructure in for Phase Two of Graham’s Park; 3) to complete the current Phase of Graham’s Park adding fencing and playground equipment; 4) assist the Academy of the Arts Museum with the expansion/renovation project; 5) to add funding to the Upper Story Living Space Redevelopment Grant; 6) fund strategic acquisition, demolition and infill fund for 321 South Street; 7) funding for Springhill Cemetery to reset vandalized gravestones.

Ms. Jackson-Amis asked that the community be informed that there was much discussion about the programs that will be submitted for funding. She asked that more citizens forward information to Mr. Bond regarding improvement to the rest of Easton. She expressed her concern that only the wealthiest projects are funded which means a number of community supported projects are not making it to the board. She stated that she specifically objected to three items being submitted.

Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously following a roll call vote, Resolution No. 5814 was approved as written.

RESOLUTION NO. 5815 AUTHORIZING THE SUBMISSION OF LLEBG APPLICATION

Chief Harvey asked that the grant be submitted for technological equipment for the communication center.

Upon motion by Mr. Jensen seconded by Mrs. Scott-Taylor, Resolution No. 5815 was carried unanimously following a roll call vote.

DISCUSSION OF 2003 EASTON SURVEY PROPOSAL: HOUSING, LAND USE AND AREA PLANS

Mayor Willey stated that over the last several meetings, discussion occurred regarding substandard housing and housing in need of repair within the Town of Easton as well as houses requiring demolition.

Mayor Willey stated that Ms. Priscilla Morris and Ms. Ginger Howell have approached the Town regarding housing in disrepair.

Ms. Morris who lives on South Street and Ms. Howell who lives on Aurora Street were present to discuss housing. She discussed the Comprehensive Plan. She compared the housing assessment to her experience in retail and stated that it is considered inventory for the town. Ms. Morris outlined the proposal and stated that the priority for this work is housing. She discussed their phase approach.

Ms. Jackson-Amis asked if Ms. Morris could estimate the proposal’s cost. Ms. Morris stated that it will be done in phases.

Ms. Jackson-Amis asked if the cost could be pulled from the Community Legacy grant. Mr. Bond stated that a survey could be shown as planning money and showing that it is part of a larger need, there is a chance of obtaining funds.

Mr. Jensen questioned the area in the proposal. Ms. Morris stated that the whole town will be looked at.

Ms. Jackson-Amis made a motion to adopt the survey as suggested by Ms. Morris and Ms. Howell, seconded by Mr. Jensen.

Mr. Ford asked about Phase One, to design a data base. He questioned who would be performing that.

Ms. Morris stated that they will look at existing information and add on or link to.

Mayor Willey stated that the Town is obligated for the startup of this proposal and the funding has been offered by a local developer so there is no financial money to be expended by the Town.

Unanimous approval was granted for Ms. Morris and Ms. Howell to perform an Easton Survey proposal regarding housing, land use and area plans.

Mayor Willey asked the Council to consider what they would like to see in the survey and make that information available to Ms. Morris and Ms. Howell.

Mr. Wendowski suggested setting a workshop meeting to gather more information.

LETTER FROM MR. JAY DAYTON, PRESIDENT, WATERFOWL FESTIVAL, REQUESTING APPROVAL OF THE 2003 WATERFOWL FESTIVAL TRANSPORTATION PLAN

Mr. Albert Pritchett was present to discuss the transportation plan for the Waterfowl Festival. He stated that they have met with Easton Police Department and worked out the transportation plan before the Council. Mr. Pritchett discussed using the pond behind the former Black & Decker building. He stated that they have notified the Sheriff’s Department as this site is out of town limits.

Mr. Wendowski stated that he had heard favorable comments regarding that site.

Mr. Pritchett commended the Police Department for their input.

Mr. Jensen made a motion to approve the Waterfowl Festival Transportation Plan as submitted seconded by Ms. Jackson-Amis and carried unanimously.

DISCUSSION OF TWO OAKS AT MATTHEWSTOWN PROPOSAL

Mr. Ford asked the members of the Council to clearly enumerate their concerns regarding this application. He suggested that a letter be drafted from the Council to the applicant outlining all the points that are raised and give the applicant an appropriate time to respond.

Mr. Jensen:

• Question about procedure

Ms. Jackson Amis:

• Thought we were going to hear additional concerns from citizens
• Then have opportunity to finalize own opinions
• Like to digest comments distributed today
• Consider concerns then give point of view in writing

Mr. Ford:

• Give council opportunity to make comments regarding application
• County Council designation of annexation W2 S2
• Many but not all concerns focused on traffic issues
• Many off-site problems but directly connected to project’s impact
• Comments from concerned citizen raised concerns regarding property adjacent to proposed project which is in county, not in Town of Easton
• Would like applicant to respond to list of issues Council sending

Ms. Scott-Taylor:

• Town not ready for project this size because we haven’t done our homework
• Two things to solve-east/west connector road and eastside collector road
• Traffic issues in the town paramount right now
• Not up to speed with concerns regarding property behind proposed development
• Thinks good project overall but not in a position to handle it at this point in time
• Have to get ducks in row before we can move forward with project of this magnitude
• Would like to look at impact fees; hopes to speak with Tim Glass, nothing to compare proposed contributions with

Mr. Jensen:

• Concerns from Ms. Adams regarding Smart Growth and displacement, morally wrong
• Would like to approve project however not there yet
• Like to set record straight about how looking at project
• Developed in traditional subdivision format, this project good however not up to snuff as we want to do better in the future with a more connected Town of Easton
• Can’t do topnotch thing in other parts of town just because we’ve developed most of it already
• Six conditions:

1) plan for east/west connector road which can handle amount of traffic necessary for this development is complete, plans complete, road cost known, adjust contribution has been agreed upon by all parties and know road will be completed before many people move into Two Oaks.

2) Town should determine proper impact fees it wants to charge.

3) Unhappy about affordable housing provision, or attempt made. 10% of units in Two Oaks should be affordable such as $90,000 to $110,000; houses same on outside but simplify on inside in order to bring housing prices down.

4) Wants Passyns to agree to work very closely with Planning Commission to provide more architectural diversity in town home products and restrictive age units.

5) Wants Passyns to demonstrate to Council that should someone buy home in subdivision and experience problems, there is a clear path to remedy – perhaps during settlement buyer made fully aware of his or her rights in this regard.

6) Town develop an erosion mitigation procedure that exceeds state guidelines so during construction, more silt can be kept out of rivers. Like to see Passyns agree to that procedure. With development that big, have to be careful about what water makes it ways into wetlands behind and how that water circulates into waterways.

Two other conditions to discuss with Council:

1) When developer wants to build over 500 houses, in future, potentially developers with more than 500 homes, concerned with architectural monotony. Should we discuss possibility that in development, some percentage of units be built by other builder/developer only to encourage diversification?

2) Believes should be traffic signal at the entrance of Two Oaks if it should be built to relieve intersections to the west of Matthewstown Road, consider financed by developer.

Could it be said that when development built out, in order to install signal, a bond is required for X dollars to install light?

Ms. Jackson-Amis:

• Whether we should require Passyns to have other builder. Planning Commission can have architectural perimeters.
• Some kind of bond to make sure houses have the proper warranty for habitability and structurally sound.

Mr. Wendowski:

• Believes condition for Planning and Zoning Commission should be that there is diversity and dissimilar houses so the appearance is not all one.

Ms. Scott-Taylor:

• Like to see diversity in design standards and architecture

Mr. Wendowski:

• Town quite not ready for this due to facilities to handle road wise regarding what will take place.
• Impact fee generous but need a true Adequate Public Facilities Ordinance in place so everybody is dealing with the same page.
• Agrees with Mr. Jensen with the erosion plan
• Affordability of housing can be made better
• Density at far end of development
• Project has merit but need to take hard look to see if Easton ready for this
• Wants to work with developer and thinks Planning & Zoning wants to look at again
• Get plan and traffic study all showing the same number
• Would like to see what the rest of the house looks like and what the streets are like
• Exit onto Black Dog Alley; will it be a full developed exit and who is going to control construction traffic going in and out

Ms. Jackson-Amis:

• Acknowledged Ms. Adams’ concerns regarding the potential displacement of families; wants matter raised with Passyns
• Discussed affordable housing and $9.00 per hour wager earners being able to afford house
• Wanted developer to consider Veteran’s preference, asked that they set aside few houses for that purpose
• Discussed Smart Growth approach and suggested looking at what has been suggested
• Need valuation of what it would mean to have police officers, fire department dispatched in that area by economic expert. See if infrastructure contribution is reasonable and equitable of the context of the housing project. Contribution may be a little a low.
• Regional traffic concerns and how it would impact Easton. Find out how this project would affect Easton.
• Determine if project would create any more environmental problems of what has already taken place.

Mr. Ford:

• Comments regarding site plan mostly positive. P&Z, staff and applicant done excellent job in developing site plan.
• Issues mainly off-site except affordable housing
• Need to get impact fee as right as can; not quite ready to establish that. Our responsibility to move forward and developing what impact fees should be.
• Wants to send comments to applicant and schedule Tischler impact fee workshop.

The Town Attorney stated that he wanted a full Council before scheduling a meeting with Mr. Tischler regarding impact fees. Mr. Kehoe stated that he will be in touch with Mr. Tischler.

Mr. Jensen:

• Homework closer done than perceived as trying to get Tischler engaged.
• Want to keep development in the Town of Easton within the boundaries of the municipalities so that they can be on water and sewer, police services concentrated in one area. Want more dense development to be serviced by town’s amenities.

Mr. Bill Farberman, Waverly, questioned why the town does not want the development with one house per acre.

Mr. Jensen discussed Smart Growth and long range planning strategies. He stated that we are trying to create a more dense development in areas serviced by the Town.

Mr. Ford stated that Mr. Farberman’s comments will be considered.

Mr. Kehoe:

• State through Smart Growth program strongly discouraged to the point of making it impossible for the Town to obtain State of Maryland funding for the water and sewer plant to serve this area unless it has a density plan of four units per acre; trigger for priority funding. He stated that one unit per acre would not be feasible.

Mr. Ford:

• Forward comments to applicant and instructed Town Attorney in the interim to schedule meeting with Mr. Tischler to discuss impact fees.

Mr. Wendowski asked to see the impact of the proposed hotel. He stated that the Council should look at the total approved, developed units at the intersection.

Mr. Hamilton stated that the Planning and Zoning Commission had the same concerns and felt that each developer should carry its own weight and pay their fair share. He stated that Mr. Glass is working with the developers regarding the intersection.

Mr. Wendowski asked about for an update on the Stafford project behind Wal-Mart. Mr. Hamilton stated that he did not have an application for that project.

Ms. Jackson-Amis suggests Mr. Ford and Mayor Willey draft a letter. Mr. Hamilton stated that it needs to be decided what developers are paying for what portion.

COMMENTS FROM MAYOR WILLEY

Mayor Willey stated that the Town of Easton received a $1,000 donation from Wal-Mart which will be applied to Historic Cemeteries.

Mayor Willey asked for an update on the PRD zone boundary changes.

Mr. Hamilton stated that the Planning Commission is working on that and they have decided to go forward with the recommended changes and the required hearing.

Mayor Willey asked for Council consideration for the re-appointment of Ms. Jackson-Amis to the Talbot County Emergency Planning Commission.

Upon motion by Mr. Wendowski seconded by Ms. Scott-Taylor, Mayor Willey’s appointment was unanimously approved.

Mayor Willey stated that at the next Council meeting, there will be a short presentation regarding transportation plans for the town of Easton.

Ms. Jackson-Amis suggested Mr. Kevin Morse of the Mid-Shore Regional Council be invited. Mayor Willey stated that he will be informed.

Mayor Willey discussed the Comprehensive Plan workshop and asked the Council to consider appropriate action on September 11 prior to the workshop.

COMMENTS FROM CHIEF OF POLICE

Chief Harvey discussed schools back in session. He discussed Dutchman’s Lane and Route 50 and stated that they have changed the school crossing guard times to accommodate the inadequacy.

Mr. Ford brought a letter of thanks to the floor from the Dorchester County Council for the Easton Police Department’s participation in a drug seizure in Dorchester County. He congratulated the Department.

Chief Harvey discussed three patrol vehicle and two Ford Explorer purchases in Salt Lake City. He discussed the substantial savings of $23,000. He stated that the vehicles are fully equipped and on the road.

Mr. Jensen discussed a traffic situation turning left from Dover Road onto Hawkes Hill. Chief Harvey explained that the driver driving on the non-designated lane of traffic would be at fault.

Chief Harvey discussed right turn only.

Ms. Jackson-Amis discussed acts of negligence and the final determination by a judge.

COMMENTS FROM TOWN ENGINEER

The Town Engineer stated that he will be meeting on September 16 with State Highway’s traffic engineers to look at Route 322.

Mr. Glass discussed Public Works’ activities.

Mr. Glass stated that the former Gas Plant property is undergoing utility relocation with minor traffic delays.

He stated that mosquito spraying is still going on in full force.

The President of the Council asked for the status on the environmental cleanup for the Gas Plant property. Mr. Glass stated that this cleanup is still scheduled.

Mr. Wendowski asked if MDE will give him the routes to take the contaminated soil. Mr. Glass stated that there will be a pre-construction meeting prior to the actual cleanup.

Mr. Jensen discussed a bush the Caulk family has on Howard Street that was improperly trimmed due to its proximity to a fire hydrant. He asked if residents could be notified prior to trimming.

The Town Engineer stated that the department does not have the time to go through that effort but if the residents would trim originally, it would negate the need for the Public Works Department to do the trimming.

Mr. Glass stated that he understands the concern and will try to do better.

COMMENTS FROM THE TOWN ATTORNEY

The Town Attorney, Mr. Kehoe stated that he has a matter for Executive Session in reference to advice of legal counsel with regard to an environmental issue the Town and County have jointly facing them. He stated that he will also update the Council on additional matters.

COMMENTS FROM THE COUNCIL

President of the Council discussed the Council’s upcoming calendar. He discussed the Comprehensive Plan scheduled for September 11 at 7:00 p.m. Mr. Ford stated that he has asked the Town Planner and Town Engineer to come and explain in specific detail their intentions of design and intention of use for the eastside collector road.

Mrs. Scott-Taylor stated that she is honored to have the opportunity to serve the citizens of Easton and she pledges to do the best job she possibly can. She reiterated her support for working with Mr. Gates in refurbishing the cemeteries. Mrs. Scott-Taylor stated that she is looking forward to working with everyone.

Mr. Jensen welcomed Mrs. Scott-Taylor. He discussed a draft letter to Senator Colburn, Delegate Eckardt and Delegate Haddaway. He stated that its intention is to ask for a meeting with our Delegate to address concerns on Route 50 in general. Mr. Jensen asked the Council if they thought it the appropriate way to go.

Ms. Jackson-Amis stated that the Council should itemize what should be addressed.

Mrs. Scott-Taylor suggested including the county and the state on discussions. Mr. Ford stated that it is appropriate to include the County Council.

Mr. Wendowski welcomed Ms. Scott-Taylor.  He discussed the meeting with Ms. Janet Haddaway and stated that the Council would like to get together with her.

Mr. Wendowski discussed Housing Trust Funds. Mayor Willey stated that he had received the information.

Ms. Jackson-Amis welcomed Ms. Scott-Taylor.

Ms. Jackson-Amis stated that Mr. Bibb has been appointed by Governor Ehrlich to serve on the Governor’s Commission on Housing Policy. She congratulated Mr. Bibb for his appointment.

Ms. Jackson-Amis suggested that Mr. Bibb be included on any committee to handle the Housing Trust Fund.

Ms. Jackson-Amis discussed the commemoration of the March on Washington in 1963. She stated that she had received a personalized citation from Anne Arundel County Maryland Executive Citation in recognition of courageous participation in the 1963 Freedom March on Washington with Dr. Martin Luther King, Jr. She extended congratulations to those in the listening audience who also participated.

Mr. Ford extended congratulations and welcome to Ms. Scott-Taylor. He thanked Mr. Daniel Brasington for his hard work on his campaign.

At 9:09 p.m., upon motion by Mr. Jensen seconded by Ms. Jackson-Amis and carried unanimously following a roll call vote, the President of the Council convened into Executive Session.

At 9:48 p.m., the President of the Council closed the Executive Session.

ADJOURNMENT

There being no further business, upon motion by Mr. Jensen, seconded by Ms. Scott-Taylor and carried unanimously, the President of the Council adjourned the regularly scheduled meeting at 9:49 P.M.

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Town Clerk