October 6, 1999

MORATORIUM MEETING

The Town Council of the Town of Easton met today at 6:00 P.M. in a special meeting with the Planning and Zoning Commission. The meeting was called to order with the following members present: Mr. Ford and Mr. Reed. Also attending the meeting were Mayor C. Eugene Butler, Town Engineer Mr. Glass, Town Attorney Mr. Kehoe, Assistant Town Attorney Ms. Sharon Shilling, Town Planner Mr. Hamilton and Assistant Town Planner Mr. Thomas.

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

Mayor Butler called the meeting to order and stated that the President of the Council would not be present this evening. The Mayor stated that there were two members of the Council present so that does not create a quorum so he would call the meeting to order. The Mayor turned the meeting over to the Town Attorney, Mr. Christopher Kehoe.

Mr. Kehoe stated that at the last meeting, the President of the Council stated that a Power Point presentation could be done. The Town Attorney stated that Mr. Hamilton would run the slides for this presentation.

At 6:02 P.M., Mr. Mayer joined the meeting creating a quorum of the Council. The Mayor asked the Council members to nominate an Acting President for tonight’s meeting. Mr. Ford nominated Mr. Mayer, seconded by Mr. Reed and carried unanimously.

The Town Attorney stated that the Town Clerk had assembled material received from the various members of the Town Council. The Town Attorney stated that he and other staff members reorganized and reduced in number in an attempt to provide a focus for these deliberations. He stated that the focus he decided to use for this is a review and possible amendment of the Comprehensive Plan. Mr. Kehoe stated that the slides/transparencies are summaries of portions of a memorandum that was distributed earlier. Mr. Kehoe stated that we would start with the requirements of Ordinance of 390, imposing the moratorium to determine whether the Town’s Comprehensive Plan should be amended to address the issues raised by big box retail development. It calls for the Planning and Zoning Commission to recommend amendments to the Zoning Ordinance or the regulations of the Town Council on or before December 1, 1999. The Town Attorney stated that there are two tasks; the primary being a consideration of an amendment of the Comprehensive Plan and depending on what the decision is regarding the Comprehensive Plan issues, there may or may not be recommendations regarding changing the Town’s Zoning Ordinance or the Town’s Subdivision Regulations or some other Town land use ordinance.

The Town Attorney referred to Article 66B Section 3.06, which sets forth the standards, and purposes why municipalities in the State of Maryland are permitted to have Comprehensive Plans in the first place. He stated that he thinks it is important to keep these standards in mind as the process of the moratorium is gone through.

The Town Attorney stated that a Comprehensive Plan has to provide for the coordinated, adjusted harmonious development of the jurisdiction which will be in accordance with present and future needs and best promote the health, convenient, prosperity and general welfare. He stated that this planning goal allows you to identify what the future needs are of this community. Also what steps you will take to assess what those needs are and what the members of the public in Easton and environs, people who live around Easton, when making decisions. The Town Attorney stated that we are not an island and cannot make these planning decisions in isolation of the county and the rest of the state. Mr. Kehoe stated that there are a number of ways to assess the need issue and what Easton wants to be.

The Town Attorney stated that the Comprehensive Plan mandates that the Planning Commission and the Town Council consider the wise and expedient, efficient expenditure of public funds. Mr. Kehoe stated that one of the things that he hopes will be accomplished here today is to get additional input from the Council and members of the Commission so that there will be a final list of questions, specific areas of inquiry that the Town staff is to look into.

Mr. Kehoe stated that a number of topics that could be addressed are what economic impact will big box retailing have upon the private sector in the Town of Easton. Mr. Kehoe addressed the topic of what are the physical benefits and detriments to the Town, which will be associated with additional big box retailing. He stated that one of the things he hopes to accomplish today is to get additional input from the Council and members of the Commission to get a final list of questions that the Town staff will need to look into.

The Town Attorney addressed his memo and the topic of what environmental effects will additional big box retailing have upon the environment in and surrounding Easton. He stated that this captures the Town’s water and sewer capacities as well as surface water run-off.

The Town Attorney stated that the next general topic has to do with adequate provisions of traffic. He stated that the general question is can the road systems handle traffic that would be generated by additional big box retailing.

The Town Attorney stated that another issue relates to another requirement of Comprehensive Planning. He stated that the requirement is that the Comprehensive Plan promotes good civic design and arrangement. Mr. Kehoe referred to Professor Diriker and the Growth Symposium. He stated that Professor Diriker stated that downtown functions as places to connect peoples with goods and services they need or want.

The Town Attorney stated that if we can decide tonight what the issues are that we should be looking at closely in this process, the Town staff can provide a written report no later than November 1 which will represent their considered professional judgement as to those questions. The Town staff suggests that interested members of the public, stakeholders, property owners, civic groups be allowed to respond in writing by November 1. The Town Attorney stated that the Town staff suggests that one public hearing be held to hear supplemental remarks or those persons who do not feel comfortable submitting comments in writing. He stated that one or more workshops should be held to assess the information received. The Town Attorney stated that the staff recommends the Commission will meet to decide what changes, if any, are necessary for the Comprehensive Plan.

The Town Attorney referred to the proposed timeline. He stated that a joint public hearing on changes to the Comprehensive Plan will be held on or about January 24, 2000. The Town Attorney stated that the 90-day moratorium expires January 18.

Mr. Ford asked if the Town has the expertise in staff for the necessary answers or should outside consultants be contracted. Mr. Kehoe stated that it does. He suggested obtaining information from other communities that have done similar studies.

The Town Attorney stated that the points that are important to remember are that whatever you do, you will be making a policy decision for the Town. He stated that it is important to remember that the decision should be finite in time because situations and circumstances are going to change. He suggested a timeline in which these issues will be reconsidered. He stated that the Comprehensive Plan is a legislative document and legislative documents can always be amended. Mr. Thomas, the Assistant Town Planner, stated that the interval mandated by State Law is six years but it is stated in the Town of Easton’s Comprehensive Plan five years.

Mr. Ford stated that the question needs to be asked that if some big box development is allowed, at what point is too much. Mr. Ford stated that he believes that development pressures will increase. He asked if limitations regarding the amount of big boxes can be adopted The Town Attorney stated that they can. He referred to Route 270 near Washington and the infrastructure that has been built at that location.

Mr. Ford stated that during the Visioning Process several years ago, one of the stations for the Town’s workshop was Design. He stated that as he recalled, what the building is used for is not as important as what the building looked like. Mr. Kehoe stated that an ordinance had been adopted in August, very strict requirements on appearance. Mr. Ford stated that there are design standards that can be applied to make it look less intrusive. He stated that perhaps some people are not envisioning these designs.

Mr. Atwood stated that some things can be corrected. He stated that policemen can be hired quickly but sewer plants, power plants, water plants and roads can not be built quickly. Mr. Mayer stated that the Town Engineer will address these concerns.

The Town Attorney stated that he felt that the quality of life and the traffic issues will be the most difficult to address.

Mr. Atwood stated that environmental concerns as well as power and water concerns are the things he would like to see addressed first.

Ms. Pickall stated that she had worked on some concerns. She referred to big box and growth issues and asked how Easton wants to grow. Ms. Pickall stated that largely what she learned in Seattle this year was about how small municipalities in Washington State are dealing with issues such as what we are dealing with here.

Mr. Kehoe pointed out that Ms. Pickall had very good points but the 90-day moratorium period will be for the Town to reach a consensus and decision point on big box retailing.

Mr. Mayer stated that Ms. Pickall’s concerns could be addressed in future studies.

Mr. Ford stated that the process that will begin in answering the moratorium questions will continue to answer those larger questions. He stated that the process has to continue.

Mr. White stated that he has two issues he would like to raise. The first is that we need to identify what Easton has now and what it is we want to preserve which will create the standard by which will measure the impact of big box or other growth to create a picture of what Easton wants to be. Secondly, Mr. White stated that we need to focus on the failure of this new retail-marketing scheme called big box. He stated that this type of retail stores needs to be serviced by more gas stations, more restaurants and more other feeder services.

The Town Attorney stated that some of the issues raised the Town staff will not get involved with. He stated that those are more quality of life issues and public policy. Mr. Kehoe stated that it is possible to look at some other communities in this area and what their experiences have been.

Mr. Hamilton stated that he has just purchased a two-hour video that the American Planning Association has available from a seminar in New Brunswick, New Jersey in 1995. He stated that the topic of the movie is big box development and how it impacts the small rural communities.

Mr. Goebel suggested looking at three scenarios; high growth, medium moderate and low growth to look at how all the quantitative factors can service and support those three scenarios.

The Town Attorney stated that there could be problems with projected growth. He stated that widely different end results could be found as a financial burden. He stated that when you ask for that, there will be a number of assumptions built into the answers.

Mr. Braithwaite stated that he would like to find out if other communities have dealt with issues on how to connect with these projects to the town as a whole so there is consistent connection so the town does not end up with islands of big box developments. He suggested bike trails and foot trails. Mr. Braithwaite stated that he remembered during the symposium, the statement that big boxes life span is only ten years and could possibly be reduced to five years. He suggested finding out how other communities have dealt with these buildings at an initial design so that they can be utilized later.

Mr. Mayer stated that if the information submitted by staff seems to fit the criteria and the time span, then he suggests a motion to move forward on the list as submitted.

Mr. Ford made a motion to act on the information provided, seconded by Mr. Reed and carried unanimously by those members present.

Mr. Mayer instructed the Town staff to move forward.

Ms. Pickall stated that a few months ago she contacted Home Depot to find out the square footage of the building in Annapolis to compare what is being presented to the Town of Easton. She stated that she has still never gotten that figure. She stated that she now has a contact for information for this particular retailer. Ms. Pickall stated that the contact she had mentioned Home Depot’s Village Project. Ms. Pickall stated that there has been enough reluctance or concerns about big boxes that Home Depot has come up with something they call their Village Concept.

Mr. Kehoe stated that the Planning Department has looked into it and it is approximately a 40,000 square foot store. Mr. Thomas stated that one is open in New Jersey and another scheduled to open next month and two stores planned for next year. Ms. Pickall stated that she has plans to check out the store in New Jersey.

Mr. Reed stated that the staff might want to look at the survey that came into the Town a couple of months ago. Mr. Reed asked where the employees would come from. He stated that everyone will have to go out of town to get employees. Mr. Kehoe stated that this is one of the items to be addressed.

The Mayor stated that we are on the right track and he thinks everything will be done in ninety days.

Discussion occurred on the timeline. Mr. Kehoe suggested hearing from the public on the quality of life issue in Easton. Mayor Butler questioned how comments could be brought out from the younger generation. He stated that many of the Town residents have not been heard from.

Mr. Atwood stated that he asked at the last meeting if the Star Democrat would be interested in helping and he would check that out. He stated that the special interest groups and Talbot County residents have been heard but not the younger generation.

The Town Attorney suggested contacting neighborhood associations, churches, the Fire Department and organizations with a variety of age groups. He also suggested asking people to write in care of the Town office.

Mr. Atwood stated that the young people are the future of the Town.

The Town Clerk stated that the presumption is that the younger people are more inclined to use Internet and e-mail. He stated that the Town has e-mail addresses where they can mail direct. The Town Clerk stated that the mail will be copied for everyone.

Ms. Pickall asked if there was a way to differentiate between town residents and not. The Town Clerk stated that we can verify with the Town boundaries if they include their address.

Mr. Mayer stated that there are two items to discuss. If the Star Democrat is willing to do an article on the need of the Town officials to hear comments from everyone and we need to buy the ad space.

Discussion incurred on watching the video the APA had taped regarding big boxes.

Ms. Pickall asked Mr. Glass what duties and facilities fall under Town Engineer. Mr. Glass stated that essentially everything is the same. He stated that he manages the Engineering Department of Easton Utilities so he has input in both entities. Mr. Glass stated that Easton Utilities deals with utilities, water, gas, wastewater, electric cables, and cable TV. He stated that the infrastructure the Town Engineer’s office deals with is storm drains, stormwater management, environmental reviews, roads, curb and gutters, sidewalks, and street tress.

Mr. Mayer stated that a decision needs to be made about the necessity for a public meeting for input in a central location.

Mr. Atwood stated that the same people will be heard from again. Mr. Braithwaite stated that he personally thought that we did not need to go that route.

Mr. Goebel stated that he felt that we need to get some new information out to the public.

Mr. Ford suggested making an effort through the newspaper.

Ms. Pickall suggested utilizing the library with the handouts that have been distributed.

Mr. Kehoe suggested putting an ad in the newspaper stating that the video will be shown and ask people to comment.

Mr. Mayer stated that November 1 will be the next time the staff and Planning Commission will meet.

At 7:32, Mr. Mayer, the Acting President adjourned the meeting. 

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Town Clerk