July 16, 2001

The Town Council of the Town of Easton met today at 7:00 P.M.

The following Council members were present: Mr. Ford, Mr. Jensen, Mr. Willey, Mr. Reed, and Ms. Jackson-Amis. Also attending the meeting were Mayor C. Eugene Butler, Chief of Police George Harvey, Town Engineer Tim Glass, Town Attorney Chris Kehoe, Assistant Town Engineer Joe Gruber, Administrative Support Supervisor Richard Warfield, Town Planner Tom Hamilton, and Assistant Town Planner Lynn Thomas.

Mr. Reed opened the meeting with prayer. He also led those present in the Pledge of Allegiance.

Mr. Reed motioned the approval of the minutes of July 2, 2001 meeting, seconded by Ms. Jackson-Amis and carried unanimously.

Mr. Mangassarian was present and addressed the Council regarding the formation of the Easton Town Center Corporation. He stated that two weeks ago during his comments on the Main Street Block Land Program he suggested to the council that there was a concern among the business people downtown regarding the future viability of the Town Center as a commercial and tourist destination. Mr. Mangassarian brought up the lack of action to address things such as business recruitment and traffic issues and the general appearance of the downtown area. To help this problem he announced the formation of the Easton Town Center Corporation, a non-profit 501C-6 corporation, which is dedicated to the promotion and improvement of the Town Center Business District. The primary objective of this corporation is to improve business conditions through the cooperative efforts of the corporation’s members. He stated they share a common interest in preserving the economic viability of Easton’s Historic Commercial district. The founding directors are Mr. Mangassarian, Mr. Shearer, Mr. Mason and board members as well. They will be taking ideas for action generated by either their board or perhaps an outside individual or group who may be interested. They want to undertake practical doable projects in which someone will be responsible for and things that will have a positive and visible effect on things in downtown Easton. The Main Street Maryland Easton Resource Team report of April 1998, recommends a partnership among various groups that wanted to benefit downtown Easton. Mr. Mangassarian asked for the Council’s support. He also stated that they are not in competition with EBMA and are not trying to replace EBMA as their scope and size is much different and they are there to carry through specific projects to completion. He stated that their concentration is only on the downtown historic district, which to them means Harrison, Washington, Dover and Goldsborough. Easton Town Center Corporation also wants to get a great plan for having planters filled with flowers as well as other plants that will make Easton more presentable.

The President of the Council brought Resolution No. 5739, "A RESOLUTION OF THE EASTON TOWN COUNCIL AUTHORIZING THE SUBMISSION OF EASTON’S COMMUNITY LEGACY APPLICATION" to the floor. This resolution was motioned by Ms. Jackson, seconded by Mr. Jensen, and approved unanimously following a roll call vote.

Mr. Thomas, Assistant Town Planner, stated that the Council had decided to leave the record open until the Friday of that week for additional comments and recommendations but nothing came in between last Monday’s meeting and today to find its way onto the list. Mr. Thomas stated that if any of those items are to be included, he needs to be directed which ones to add.

Ms. Jackson spoke about some requests that came in and stated that some of the things requested cannot be done, but added that they are good ideas that merit attention but the best decisions were made.

Mr. Thomas stated that the Parking Traffic Study had come in which was added and was motioned by Mr. Jensen and seconded by Mr. Ford and carried unanimously. Mr. Jensen asked if the state looked at the requests as a whole or do they look at specific pieces. Mr. Thomas stated that the application will be graded on its completeness and comprehensiveness. In addition, the application will be graded on how all of the projects relate together and how they address the problems that we identify in our Community Legacy area. It will be within their power to exercise a line item veto for individual parts of our application.

Mr. Ford brought up the issue about the parking traffic study, and said the problems in the town center are that there aren’t a lot of places for pedestrians and the town is not bicycle friendly and thought that these problems should be brought up because they have been talked about for four to five years. Mr. Ford stated that he supports adding the parking traffic study.

Mr. Jensen discussed adding the parking study to the budget for the application.

Ms. Jackson asked if the traffic study was included with detail, would it be sufficient to assist him in formulating a presentation to the state. Mr. Thomas stated that he believes so, as there is more information in this project than others.

Mr. Jensen made a motion to include the parking traffic study in the application at the cost of $20,000 which makes the total grant request $675,000, and approve Resolution No. 5739 as amended, seconded by Mr. Ford and carried unanimously following a roll call vote.

At 7:22 p.m., the President of the Council opened the public hearing to solicit public comment on Ordinance No. 432 "AN ORDINANCE OF THE TOWN OF EASTON AMENDING SECTIONS 402 (DEFINITION), 510.4 (PLANNED REDEVELOPMENT OVERLAY DISTRICT), 610 (SETBACKS FROM MAJOR ROADS), 608.4A (SUPPLEMENTAL STANDARDS OF THE TOWN OF EASTON ZONING ORDINANCE". If approved, it would revise the Town of Easton's Zoning Ordinance by amending Sections 402 (Definitions), 510.4 (Planned Redevelopment Overlay district), 610 (Setbacks from Major Roads) and 608.4A (Supplemental Standards of the Town of Easton Zoning Ordinance.

The Assistant Town Planner, Mr. Thomas explained the Ordinance with more detail. Mr. Thomas stated that this Ordinance is for housekeeping matters for the most part. He stated that there are three proposed amendments. He stated that the first adds a parenthetical statement to the list of major roads in the Zoning Ordinance, which lists 57 roads from which there is an additional setback or greater setback as otherwise prescribed in whatever zone the properties would lie in. He brought up that designs that push buildings closer to the street would be more appropriate on Rt. 33. Mr. Thomas stated that these roads are all state roads. The Planning Commission and the staff thinks this is important because it is consistent with the design philosophy and themes promoted for some time. The Assistant Town Planner stated that the second relatively simple change is to add one word, "detached" to the portion of the Ordinance, which explains when garages and sheds can be constructed beyond the confines of the building envelope. The building envelope is the box or geometrical shape that is formed when the setbacks are drawn on the site plan that shows the property lines within the area. The issue started when someone tried to build an attached garage, which extended outside the building envelope. The most significant change concerns the plan redevelopment overlay district. The proposal is to change the way applications are reviewed within the district. Mr. Thomas described the plan redevelopment project. He stated that with this, when you establish the boundaries of the overlay district, you make findings that say redevelopment within this area is appropriate and they want to encourage it and see it. They are proposing to look at what kind of requests they see. Mr. Thomas stated that they typically see three types of requests. One is simply infield development, which is the development of vacant parcels within the overlay district. He stated that they are proposing on the column that says review process, that is being proposed, they are proposing to use existing review processes that the town already has. They are also looking at new development in this case, which they are proposing to use the process by which they generally look at new development, the site plan review process which generally goes before the Planning Commission unless it is a very small development in which case it would be handled at the staff level. Mr. Thomas stated that Adaptive Reuse is the second type of project, which is the reuse of an existing building for a new use which has been divided into three subcategories based on the potential impact of the reuse. The third type of project deals with renovations and additions to existing buildings. Also, a substantial change is the allowable residential density, which currently is 12 units per acre and they want to increase it to 20 units per acre. In addition to the proposed zoning amendments, they want to add two definitions that have come up which are infield development and adaptive reuse. The Assistant Town Planner pointed out that the existing Planned Redevelopment process requires all but very minor projects to ultimately come before the Town Council. He stated that what is being proposed is that no projects will come before the Town Council except if someone wants to establish a new overlay district which would be a zoning decision that would have to be made by the Council. The Assistant Town Planner stated that in 1993, there was a change, they downzoned from I-2 and made I-1 which is less impact industrial uses.

Mr. Jensen asked for clarification on the PRD over the industrial zone. The Assistant Town Planner stated that if the use requires the same or less parking; the parking issue triggers which review process will be used.

The President of the Council opened the floor for public comments.

Ms. Joyce DeLaurentis, 220 South Street, wanted to know the minimum lot cost currently for the PRD zone because it used to be one acre and that is a deterrent to revitalizing in downtown since an acre is a lot of land when you review the size of some properties.

Mr. Thomas stated that at one time there was a requirement that the minimum size for PRD was an acre but he believes that the council amended that section at previous rounds of amendments to get rid of the one-acre size.

The President of the Council asked for any additional comments.

There being none, the President of the Council closed the Public Hearing. He left the record open until Friday at the close of business.

The President of the Council brought Resolution No. 5741 to the floor authorizing the Town Clerk to abate taxes totaling $373.50.

Mr. Ford moved Resolution No. 5741, seconded by Mr. Reed and carried unanimously following a roll call vote.

The President of the Council brought a letter to the floor from Ms Jane McConnell requesting permission to display a banner above TalbotTown promoting Youth Coalition Against Tobacco. Mr. Tim Dills was present and confirmed that the banner would be put up on the fence on the roof. Ms. McConnell stated that the banner would be put up around the end of August and stay up for ten days.

Mr. Ford made a motion to approve Ms. McConnell’s request, seconded by Ms. Jackson-Amis and carried unanimously.

Also, there was a letter from Ms. Marie U’Ren requesting permission to place an event banner at the TalbotTown Shopping Center promoting CAPA SummerStage performances and be put up August 1st and be removed August 20^th.

Mr. Ford made a motion to approve Ms. U’Ren’s request, seconded by Mr. Jensen and carried unanimously.

The President of the Council introduced Ordinance No. 432, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING SECTIONS 402 (DEFINITIONS), 510.4 (PLANNED REDEVELOPMENT OVERLAY DISTRICT), 610 (SETBACKS FROM MAJOR ROADS), 6084A (SUPPLEMENTAL STANDARDS OF THE TOWN OF EASTON ZONING ORDINANCE" for a first reading.

The President of the Council brought Resolution No. 5730, "A RESOLUTION TO ANNEX TO THE TOWN OF EASTON APPROXIMATELY 1036.67 FEET OF MATHEWSTOWN ROAD, MD. RT. 328, AND CERTAIN LANDS LYING TO THE SOUTH OF SAID ROAD OWNED BY SWANN HAVEN LIMITED PARTNERSHIP, LYING EAST OF AND ADJOINING THE TOWN OF EASTON BOUNDARY SHOWN ON THE "SWANN FARM ANNEXATION PLAT" DATED OCTOBER, 2000, TAX MAP 26, BLOCK 20, PARCEL 45, LYING EAST OF THE SUBDIVISION KNOWN AS MATTHEWSTOWN RUN, PHASE IV, CONSISTING OF SEVENTY-NINE AND 14/1000 ACRES OF LAND, MORE OR LESS AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF ANNEXATIONS" to the floor.

The President of the Council asked for any questions.

Mr. Ford thanked the council and others who participated in the community debate. Mr. Ford also stated that he supported the annexation for the following reasons; he believes that the best way to control and manage growth is to insist on good standards of development and good quality of sight design. He thinks he is beginning to see projects in Easton come forward that adhere to the Comprehensive Plan and seem to be taking a long time to develop. In regards to the sight plan reviewed as part of the annexation, he does not tie his support for the annexation too closely to that specific sight plan, but he wants to insist on the adherence to the concepts that are represented in that sight plan. There was also an offer to contribute the fire department’s substation. Due to the fact that it doesn’t look like it would be built on site, Mr. Ford stated that he wants to take the applicants up on that offer. The density of the site plan is more than the subdivision within the town that it is contiguous to, but he stated that he thinks that is a natural progression. Mr. Ford asked the applicant, if the annexation is approved, to meet with the county side that they are contiguous with, to get specific feedback about buffering.

Mr. Reed stated that he felt that the resolution should be considered with long range and deep thought and he feels that there are some concerns left unanswered. Mr. Reed complimented the Planning Commission’s Annual Report of March 23, 2001. Mr. Reed discussed information from this report and stated that Easton’s population has increased 610 for the year 2000 which means that Easton has estimated January 1, 2001 population at 12,789. This is the highest growth rate in the town since the year 1992. Mr. Reed also discussed the approved residential projects to be built and under review. He stated that we cannot look at one housing development or one annexation at a time to solve these problems, he thinks that we should think thoroughly and make a good decision before we take action. Another problem he spoke about was the number of doctors and medical service in Easton. He said doctors are unable to accept new patients and the hospital has issues with available bedding and he has experienced these problems and thinks that they should be thought about just as well as other issues. Mr. Reed stated that he wants to know where are the new residents going to go for medical services and where are the new children going to go to school. Mr. Reed stated that it is very nice for the developer to propose new parks but it will be up to the town to maintain these parks. Mr. Reed stated that he felt this annexation should be tabled until further visioning and comprehensive planning progresses. He asked that the decision not be pushed and that he opposes the annexation and development.

Ms. Jackson-Amis stated that she believes that for a developer to come to a new council is very frustrating. Ms. Jackson-Amis stated that being a new member of the Council, she has to look at everything with fresh eyes. She stated that she appreciated the presentation and stated that the site design was tremendous. Ms. Jackson-Amis stated that she was troubled by what was considered affordable housing, $100,000 being the lower limit. She stated that she does associate herself with Mr. Reed’s comments and with a great deal of regret, looking at the growth reasonably, she would have to decline to support this annexation.

The Town Attorney stated that the annexation resolution and the zoning ordinance would have to be amended to reflect Mr. Ford’s suggestions regarding the contribution.

Mr. Ford made a motion to approve Resolution No. 5730 with the inclusion that the site plan as presented is adhered to and the contribution offer to the Fire Department is included, and the applicant consults with the county side development regarding buffering.

Mr. Jensen made a motion to approve Resolution No. 5730 as amended and stated that the annexation be granted subject to the change that the property be zoned A1, seconded by Mr. Ford and carried with Mr. Reed and Ms. Jackson-Amis voting no.

ORDINANCE NO. 424, "AN ORDINANCE OF THE TOWN OF EASTON ASSIGNING THE MEDIUM, DENSITY RESIDENTIAL (R-10A) CLASSIFICATION TO CERTAIN PROPERTY OWNED BY SWANN HAVEN LTD. UPON THE ANNEXATION OF THE PROPERTY BY THE TOWN OF EASTON."

Mr. Jensen moved to amend Ordinance No. 424 to A1, seconded by Mr. Ford and carried with Mr. Reed and Ms. Jackson-Amis voting no.

The President of the Council brought invoices to the floor totaling $302,040.79 for approval.

Mr. Ford moved approval of payment of the invoices, seconded by Mr. Jensen and carried unanimously.

Mr. Ken Bush of the Easton Volunteer Fire Department, Inc. was present on behalf of the Department and stated that he had nothing to report at this time.

Chief Harvey stated that he had a request from Mr. William Banks for a Back to School party to be held at the parking lot of Port Street Condominium, August 17 from 6:00 p.m. to 8:00 p.m. He stated that they are expecting approximately 175 people. Chief Harvey stated that there will be a disc jockey.

Ms. Jackson-Amis moved approval of the Chief’s request for a Back to School party, seconded by Mr. Reed and carried unanimously.

The Town Engineer, Mr. Glass invited the Council to Easton Club July 19 where Easton Utilities Commission will be hosting the American Public Power Association luncheon at 12 noon as well as some daytime meetings.

Also, Mr. Glass stated that there will be construction on Pennsylvania Ave. and the island at Bay St. and Washington St. will be reconfigured to allow larger vehicles to get through. Mr. Glass stated that there are some ideas for storm drains on the south side of Chapel Farms. The Town Engineer reminded the Council that on Friday, July 19 at 5:00 p.m., EUC will be taking the Council on a tour of the wastewater facility.

The President of the Council stated he had Municipal Code literature to share.

The Town Attorney asked for a brief Executive Session to discuss real estate.

The President of the Council asked for information on the Talbot County Soil Conservation agreement. The Town Attorney stated that he would forward information for the Council for the August 20 meeting.

The President of the Council asked if the Town of Easton and the Coca-Cola agreement had been finalized. The Town Attorney stated that he would have Assistant Town Attorney Alexis Kramer address the Council in that matter.

The President of the Council discussed the Council’s upcoming meetings.

The President of the Council thanked everyone for their cards and prayers during the last weeks for his son Allen.

Mr. Ford discussed the upcoming meeting in Chestertown regarding a Human Relation’s Commission on July 31. He stated that the MD Department of Human Relations will be making a presentation to the Kent County Commissioners.

Mr. Ford asked if the names submitted for the Task Force would be appointed based on the names submitted to the Mayor.

Ms. Jackson added that she would like to have the person come forth to the council that may be the Main Street Director or Economic Development Director and speak about what they would like and are planning to do. She suggested seeing what the director needs before appointing a Task Force.

Mr. Jensen discussed the Passyn annexation and stated that this decision was difficult to make but he thinks they need to annex the property in order to control it. He stated that he shares Mr. Reed’s comments in some ways and suggested talking to the school board to see how much they can grow. Mr. Jensen stated there is a large issue with cross-town traffic, which is being addressed with the Community Legacy application. Also, the park that exists in Matthewstown Run needs something there. He suggested working with the Park Board and the developer.

Mr. Jensen echoed the generosity for help with the Fire Company out there.

Mr. Jensen discussed impact fees, which are being considered.

An audience member asked where to send a suggestion regarding east/west traffic. The President of the Council stated he would forward his suggestion if the letter was sent to him.

Ms. Jackson spoke about the kids from Howard County coming to the Town of Easton as part of an African American Cultural Tour on Friday, July 20. The tour will meet the Mayor and Council and also meet certain police officers and members of the EPD. They will also go to the new Kelly Gibson Street and different parts of town. Ms. Jackson-Amis thanked Capt. Blue for his attention during the planning for this event.

Ms. Jackson-Amis discussed the Community Legacy application regarding the traffic impact study. She stated that she approved the application with one caveat, that the study does not exceed $20,000 and that it does not impact some of the other programs.

Ms. Jackson-Amis stated that she had spoken with the Mayor and Mr. Willey briefly and informally and wants to have a better handle of the mission statement of the Housing Authority. She stated that she wants the people who would like to have housing, have housing. Ms. Jackson-Amis stated that Del. Rudy Cane would be willing to discuss how to get a self-help-housing program off the ground.

Ms. Jackson-Amis thanked Mr. Timothy Dills, Ms. Kay Wilkins, Talbot County Recreation and Parks and Cross Court Tennis Club for their recent help with developing youth incentives. Jackson-Amis also stated that on Fridays, anyone who wants to come under the auspice of the Kwanzaa Foundation can come and exercise for a low fee.

Mr. Willey spoke about a new state-funding program for the Parks and Recreation Program.

The President of the Council asked if there was anyone else to come before the Council.

Ms. Carolyn Jaffe, from the Avalon Foundation informed everyone that if they have not heard, every Friday afternoon through the month of August, there will be entertainment live in Thompson Park. She stated that the Air Force High Flight Group will be coming in on Saturday evening and Harrison Street will be closed so that people can come and bring their lunches and picnics. She invited everyone to come and visit downtown Easton.

There being no further business, Mr. Reed made a motion to go into Executive Session, seconded by Mr. Ford and carried unanimously following a roll call vote.

At 8:37 P.M., the President of the Council declared the Council in Executive Session.

At 10:19 P.M., the President of the Council reconvened the regularly scheduled meeting.

There being no further business, by unanimous consensus, the President of the Council adjourned the regularly scheduled meeting at 10:20 P.M.

Richard T. Warfield, Jr., for Town Clerk