MORATORIUM MEETING

September 30, 1999

The Town Council of the Town of Easton met today at 6:30 P.M. in a special meeting with the Planning and Zoning Commission. The meeting was called to order by the President of the Council, Mr. Willey, with the following members present: Mr. Ford and Mr. Reed. Also attending the meeting were the Town Engineer Mr. Glass, Town Attorney Mr. Christopher Kehoe, Assistant Town Attorney Ms. Sharon Schilling, Town Planner Mr. Hamilton and Assistant Town Planner Mr. Thomas.

Members of the Planning and Zoning Commission present were Mr. John White, Mr. John Atwood and Mr. Jon Braithwaite.

The President of the Council thanked the Council and the Planning Commission for attending tonight’s meeting. He stated that the 90-day moratorium was signed this evening and will go into effect in 20 days then the three months start counting from that point.

The Town Attorney stated that he wanted to reiterate and focus on where the Town is at this point. He stated that the ordinance has gone into effect and calls for a period of study on the part of the Town, the Town Council and the Planning Commission with regard to the issue of big box retailing in Easton. The Town Attorney stated that it is his understanding that what the Council is interested in doing tonight is discussing with the Planning Commission what the issues are that the Council and the Planning Commission feels need to be answered to make an informed judgement on how to proceed with the issue of big box retailing in Easton and then to set out a time frame and a task list of what those issues are, who or how they are going to be answered, how the public is going to have its voice in this matter, then hopefully leave here tonight with a fairly clear game plan on how to proceed over the next 90 days plus 20, 110 days.

The President of the Council stated that he wants to keep the focus on major retailers. He does not want to address empty vacant stores or residential growth. He stated that he wanted to hold everything open for the public so they could hear everything being said. The President of the Council stated that there are several groups that have offered their services, EBMA, the Chamber of Commerce, Talbot River Protection Agency, Talbot Preservation Alliance, and developers.

Ms. Peggy Pickall joined the meeting at 6:40 P.M. Mr. Mayer joined the meeting at 6:43 P.M.

Mr. Ford stated that one of his major concerns is something the Town Attorney referred to. He questioned what time of process or mechanisms can be used. Mr. Ford stated that these kind of meetings are unofficial but they must have outside groups almost working independently to give input. Mr. Ford stated that he would also like to see public input.

Mr. Ford discussed a meeting held recently at Black & Decker and the growth issues that were addressed.

Mr. Kehoe stated that the Town staff has given some thought to this issue and has a suggestion that runs as follows. The Town has had public hearings on the moratorium issue itself as well as specific hearings on individual projects; enough to outline the issues that bear most directly on the decisions on the appropriate course the Town should take. What the staff suggests, is putting those issues out in a list and having the Town staff respond to those issues in writing, the Police Department, the Town Engineer’s office, the Town Planner, the Town Attorney then the members of the public which includes all the groups mentioned, can take that list and respond in writing to as many or as few of the issues that they feel they are particularly interested in or that they have something to contribute to. Then if it is all in writing, it then becomes very easy for other people to see what each groups contributions are and to have the ability to look at all of this information and to come up with some further comments, either in writing or delivered at a public hearing, such as Mr. Ford is suggesting. Mr. Kehoe stated that the results of the issues could even be posted on the Town’s website for informational purposes. The Town Attorney stated that what he has in mind is a time frame for groups to respond.

Mr. Atwood stated that he thought he would like to take a different approach. He stated that the moratorium has been discussed for five or six months and the Council has heard from all the special interest groups except for the citizens of the Town of Easton. Mr. Atwood stated that we have heard from builders and developers. He stated that the vast majority of people are not comfortable in coming to a public meeting to speak. Mr. Atwood suggested getting the Star Democrat to get some questions out to the people who are not willing to come to a public hearing. He stated that he has heard from people from Trappe, Queenstown and neighboring communities but he wants to know what people in the Town want. Mr. Willey stated that this is a good idea.

Mr. Reed stated that he feels this is an important part. He would like to get the citizens’ reactions and opinions as to what they want. He stated that he would like to get the staff’s suggestions and ideas to give more information.

Mr. White stated that an integral part of this process whether the Town wants to become a larger retail center than what we are, and to what limits, should be set by the general public. Mr. White stated that you have to grow, one shape or another. Mr. White stated that he felt the Town should get impartial, independent, professional consultants to tell us what the modern techniques and theories are. Mr. White stated that he was very fortunate to be part of a seminar today on ground water discharge in the Maryland watershed. He stated that he learned that the some of the methods used today are wrong. Mr. White stated that most of the parties involved do not have the time or expertise to give advice.

Ms. Peggy Pickall stated that she is not quite sure if all the written work is the best way. She stated that she believes that verbal interaction is important in terms of information. She stated that the Town needs to get facts out. Ms. Pickall stated that the Town needs to acquire figures and statistics.

Mr. White stated that he felt that the items being dealt with today are milleniums ahead of his way of thinking. Mr. White stated that part of achieving the goals is creating the details. He stated that we must know the latest methods of dealing with the big box details, traffic, parking lots, etc.

Mr. Mayer stated that the big box concept should be handled first then continue with the other things regarding growth.

Ms. Pickall stated that there are so many ramifications to this type of development that perhaps not everyone is aware of. Ms. Pickall stated that the Comprehensive Plan states the Town’s vision but it does not implement it. She stated that the ordinances and subdivision regulations have to be written in such a way to implement the Comprehensive Plan vision.

Mr. Atwood stated that he believes that the only way to solve this problem of a moratorium is to develop some kind of an agenda with specific ideas to talk about with a specific time frame.

Mr. Willey asked if Mr. Atwood had received a list of questions. Mr. Willey stated that the Town Clerk comprised the list from questions received from the Council members and from the outcomes of the Public Hearings.

Mr. White asked if he would have a few more days in order to submit his questions. Mr. Willey stated that it was possible to add more questions to the list in conjunction with the Council. Mr. Willey questioned the necessity of a survey.

Mr. White clarified the outline for receiving input for presentation.

Mr. Willey asked when the Planning Commission could meet again with Town staff for a workshop. The next meeting was set for Wednesday, October 6 at 6:00 P.M.

Mr. Willey stated that if the questions fall out as he suspects, matters to be dealt with will be traffic, environmental impacts, buffering and screening, impact fees, etc. He stated that this could be the basis for a survey as other matters are being addressed.

Mr. White asked for the objection of Wednesday’s meeting. The President of the Council stated that it would be to define the agenda. Mr. White asked if he was at liberty to talk to Town staff. Mr. Willey told him to feel free.

The President of the Council stated that if consultants were going to be hired, they should get them in line because of the approaching holidays.

The Town Attorney asked who would be responsible in making a decision to hire consultants. The President of the Council stated that this would be decided at a later date but the ultimate decision would be with the Mayor who would watch the dollar very closely.

The Town Attorney stated that he wanted to strike a blow for representative democracy which he stated is the concept that the elected officials make a decision based upon assessing a number of different factors among which is the wishes and expressed desires of the community as a whole at a given time and also their views of what is best for the community in the short term and the long term and balancing separate issues. The Town Attorney stated that he did not think it would be appropriate for the Council or the Commission to base their decision solely upon the result of a poll or petition drive. He stated that you have to make it clear that you want to hear from people but the ultimate decision is yours to be made in accordance with the requirements that Maryland Law has imposed on decisions for land use growth and control, their standards set forth and our state laws, decisions and factors to take into consideration. The Town Attorney wanted to make everyone aware that the public comment and polling is a component not the component.

The President of the Council stated that they are just looking to fill in any gaps they may ask.

The Town Attorney suggested that the Town Staff take the initial list, which does contain some duplication and focus and get to the Commission meeting with the changes and what they want to do.

Mr. White reviewed the screening the questions for processing.

Mr. Willey suggesting making a presentation in Power Point when completed.

A copy of the questions was distributed to members of the audience.

Mr. Milton Irvin asked how to obtain a copy of the minutes. The Town Clerk stated that they are free on the webpage or you can obtain them at the Town Office.

The President of the Council closed the meeting at 7:20 P.M.

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Town Clerk