TOWN OF EASTON, MARYLAND

January 5, 2004

 

PRESENT

 

Mayor Robert C. Willey                                               Councilmember Scott R. Jensen

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

Councilmember Maureen Scott-Taylor                          Councilmember Moonyene Jackson-Amis

 

IN ATTENDANCE

 

Also in attendance were Town Attorney Chris Kehoe, Chief of Police George Harvey, Town Engineer Mr. Tim Glass, Town Planner Mr. Tom Hamilton, Economic Development Coordinator Mr. Al Bond and Town Clerk Mr. Robert Karge.

 

CONVENING

 

At 7:00 p.m., the President of the Council called the meeting to order with Mrs. Scott-Taylor leading the audience in prayer and Pledge of Allegiance.

 

APPROVAL OF MINUTES OF DECEMBER 15, 2003 MEETINGS

 

Upon motion by Ms. Jackson-Amis, seconded by Mr. Jensen, the minutes were approved unanimously with corrections to be submitted by Ms. Jackson-Amis.

 

EASTON FIRE DEPARTMENT REPORT

 

There was no one present at this time.

 

ITEMS BY MAYOR WILLEY

 

Mayor Willey stated that he has nothing at this time.

 

ITEMS BY CHIEF OF POLICE

 

Chief Harvey reported that he has nothing at this time.

 

Mr. Wendowski asked Chief Harvey to look at the area in the vicinity of Wayside Avenue and Walnut Lane where motorists are driving across the swale from one side to the other; particularly at night.

 

Chief Harvey stated that he will look at it.

 

ITEMS BY THE TOWN ENGINEER

 

Mr. Glass, the Town Engineer stated that on Thursday, January 8, members of the Public Works and himself will be assessing the streets of Easton for inclusion in the upcoming budget. He asked that specific requests be directed to his attention. Mr. Glass invited council members to join them in their inspection.

 

Mr. Glass reminded those present that on Wednesday, January 7 at 7:00 p.m., there will be a treatment facilities workshop in the Council room.

 

Mr. Glass updated on the gas plant cleanup on West Street and Dover Street. He stated that the material has been removed and the area has been capped with eight to ten inches of crusher run. He stated that this job is essentially finished.

 

Ms. Jackson-Amis asked if there is a tree schedule for planting trees around town.

 

Mr. Glass stated that this year the Town of Easton is short of funds for this purpose although there will be a small purchase of trees with other funds.

 

ITEMS BY THE TOWN PLANNER

 

Mr. Hamilton, the Town Planner stated that he has met with the Critical Area Commissioners looking at the Elm Street project for the growth allocation. He stated that they will make a decision and a recommendation to the full commission on January 7 in Crownsville. He stated that he will attend that meeting.

 

Mr. Wendowski asked for the minutes of the Planning and Zoning Commission’s meetings.

 

Discussion occurred on the notification of the application for the Hampton Inn. Mr. Hamilton stated that this change would occur as an amendment to the Zoning Ordinance. Mr. Hamilton stated that they will draft language for the Planning Commission to review.

 

ITEMS BY THE TOWN ATTORNEY

 

Mr. Kehoe, the Town Attorney asked for an Executive Session for the advice of counsel.

 

ITEMS BY THE ECONOMIC DEVELOPMENT COORDINATOR

 

Mr. Bond congratulated the participants of First Night Talbot for another very successful year.

 

Mr. Bond announced that the applications for next year’s Upper Store Redevelopment Grant will be available at the Welcome Resource Center starting Friday, January 16. He stated that the Town was awarded $75,000 and they will be accepting applications.

 

Mrs. Scott-Taylor suggested posting information on the Town’s website regarding the applications.

 

LETTER FROM MR. R. ANDREW HOLLIS, COUNTY MANAGER REQUESTING WAIVER OF THE FEES ASSOCIATED WITH BUILDING PERMIT FOR MAINTENANCE FACILITY STORAGE BUILDING AT EASTON AIRPORT.

 

Mr. Jensen stated that it is policy to waiver intergovernmental fees. Mr. Jensen made a motion to approve Mr. Hollis’ request seconded by Mrs. Scott-Taylor and carried unanimously.

 

LETTER FROM MR. R. ANDREW HOLLIS, COUNTY MANAGER REQUESTING WAIVER OF THE FEES ASSOCIATED WITH BUILDING PERMIT FOR EMERGENCY RESPONSE BUILDING FOR TALBOT COUNTY EMS AT EASTON AIRPORT.

 

Mr. Wendowski made a motion to approve Mr. Hollis’ request seconded by Mr. Jensen and carried unanimously.

 

ORDINANCE NO. 462, “AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE EASTON TOWN CODE TO REVISE THE PROVISIONS REGARDING THE POLICE BOARD.”

 

Ms. Jackson-Amis stated that her initial reaction was not to agree to such a provision but she changed her mind. Ms. Jackson-Amis stated that she cannot fathom why we are doing this. She stated that this restricts the powers and duties to hear information regarding buildings and equipment and other budgetary needs which are discussed during the budgeting process. Ms. Jackson-Amis stated that she suggested having a community member a part of the police board which is not part of this ordinance. She asked for clarification on the purpose of this ordinance.

 

Mr. Jensen stated that it allows a forum to discuss these matters without having staff to sit through these discussions.

 

Mr. Ford stated that he thinks it does quite a bit. He discussed the Open Meeting Laws and stated that he has an interest in participating in both those boards so this reformation of the boards under Ordinance No. 462 and Ordinance No. 463 put both of those meetings in a public workshop setting which allows all the council members to attend.

 

Ms. Jackson-Amis asked the Town Attorney if the conversations held during these meetings would be restricted as to what is set forth in the ordinance; such as building, equipment and other budgetary needs.

 

The Town Attorney stated that this ordinance requires that the Council consult with the Chief about those matters as well as receiving input from the public.

 

Ms. Jackson-Amis asked that language be added to include or such other matters as the board believes appropriate to concern itself.

 

The Town Attorney discussed the Law Enforcements Officer’s Bill of Rights.

 

Mr. Ford suggested language such as; other matters as the Council deems appropriate.

 

Mr. Kehoe suggested; such other matters as the majority of the Council believes appropriate.

 

Mr. Kehoe suggested amending Section 2.5 of the proposed ordinance to read as follows, “The Police Board shall hear and consult with the Chief of Police regarding the Police Department’s building, equipment and other budgetary needs as well as receive input from citizens regarding the Police Department. In addition, the Police Board may consider such other matters as a Board member deems appropriate.”

 

Upon motion by Mr. Wendowski seconded by Mr. Jensen, Ordinance No. 462 was approved as amended following a roll call vote with Mrs. Scott-Taylor voting no.

 

ORDINANCE NO. 463, “AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE EASTON TOWN CODE TO REVISE THE PROVISIONS REGARDING THE FIRE BOARD.”

 

Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried, Ordinance No. 463 was unanimously approved for passage following a roll call vote.

 

Mr. Ford stated that both the above ordinances create a quarterly meeting schedule.

 

ORDINANCE NO. 465, “AN ORDINANCE OF THE TOWN OF EASTON GRANTING THE APPLICATIONS OF SHORE HEALTH SYSTEM, INC. FOR AN AMENDMENT TO AN EXISTING COMMERCIAL-MEDICAL DEVELOPMENT UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE.”

 

Ms. Jackson-Amis asked for additional discussion on this matter. Ms. Jackson-Amis discussed the proposed amendment which she thought had been amended. She stated that the Town of Easton does not have the legal right to waive a provision that states for any other use that the hospital wants to make of this facility.

 

Ms. Jackson-Amis stated that her only objection is that the property can be used for any other purpose.

 

Mr. Kehoe stated that the Ordinance states that the use of this property can be only for medical purposes and if you stop using it for medical purposes, the Town of Easton has the right to reassert our ownership of the property. However, if this clause gives you difficulty in getting the financing that you need to expand the emergency room facility, the Council authorizes the Mayor to waive that with regard to the particular financing proposal involved.

 

Mr. Wendowski stated that this was also his recollection.

 

The Town Attorney discussed the scenario should the hospital default on their loan. He discussed the risk involved and stated that it is a risk that you have to weigh in light of the value of Adkins Avenue versus the public benefit of having the larger emergency room facilities to provide to the town.

 

Ms. Jackson-Amis asked that it be on the record that the hospital came to the Council for an emergency room and that is what it should be.

 

The Town Attorney stated that the major change would require re-application under the Zoning Ordinance as an amendment to the Commercial Medical Zoning District imposed upon the hospital property which would require public hearing and a decision by the council’s successors.

 

Mr. Wendowski discussed the difficulty with getting the Certificate of Need.

 

Mr. Jensen made a motion to approve Ordinance No. 465 seconded by Mr. Wendowski and carried following a roll call vote with Ms. Jackson-Amis voting no.

 

ORDINANCE NO. 466, “AN ORDINANCE OF THE TOWN OF EASTON CLOSING ADKINS AVENUE, A PUBLIC STREET OF THE TOWN OF EASTON, AND AUTHORIZING THE EXECUTION AND DELIVERY OF QUITCLAIM DEEDS OR OTHER INSTRUMENTS OF CONVEYANCE BY THE TOWN OF PORTIONS OF THE BED OF ADKINS AVENUE TO SHORE HEALTH SYSTEM, INC. AND TO TEMPLE B’NAI ISRAEL CONGREGATION OF EASTON, MARYLAND.”

 

Mr. Jensen made a motion to approve Ordinance No. 466 seconded by Mrs. Scott-Taylor and carried following a roll call vote with Ms. Jackson-Amis voting no.

 

ORDINANCE NO. 467, “AN ORDINANCE OF THE TOWN OF EASTON GRANTING THE EXPANSION OF THE PLANNED REDEVELOPMENT OVERLAY DISTRICT UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE.”

 

Mr. Wendowski questioned what would happen to the present occupants of the houses.

 

Mayor Willey stated that any project for this area would also include a method of housing the folks during the construction and would also give them the offer of first refusal.

 

The Town Planner clarified that what is being done today is establishing a district. He stated that no project is being discussed whatsoever.  He stated that the Council’s concerns will be relayed to the Planning Commission when the project is before them.

 

Mayor Willey stated that there are some architectural concerns as well that also need to be relayed to the Planning and Zoning Commission during the onset of their review.

 

Mr. Jensen made a motion to approve Ordinance No. 467 seconded by Ms. Jackson-Amis and carried unanimously following a roll call vote.

 

WAIVER REQUEST

 

The Town Attorney reported that he had received a waiver request consistent with the terms of the ordinance just enacted. He stated that it had been as narrowly drawn as possible to protect the Town’s interest.

 

The Council President clarified that this is placing strict parameter in which Mayor Willey can grant the waiver.

 

Mr. Jensen made a motion for the Mayor to grant the waiver.

 

Ms. Jackson-Amis asked if there is something that says that if they stop using it for the purpose which they request it. She asked if that was supposed to be subsumed in this.

 

The Town Attorney stated that it is his understanding of the bond documents being prepared now by the bond issuer and the hospital, that if the hospital was to cease operations on Washington Street that would be a default under the loan documents.

 

Mr. Wendowski seconded Mr. Jensen’s motion which was carried unanimously.

 

PUBLIC HEARING ON THE REQUEST OF DAVID E. WOLCOTT ON BEHALF OF CARROLL P. AND KAREN B. HARRISON FOR A PROPOSED PROJECT WHICH IS A RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR 13 TOWNHOUSES ON 1.71 ACRE SITE GENERALLY LOCATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF LOCUST LANE AND SALMON AVENUE.

 

At 7:58 p.m., the President of the Council opened the Public Hearing.

 

The Town Planner stated that the Planning and Zoning Commission has forwarded a request for a property located at the northeast corner of the intersection of Locust Lane and Salmon Avenue. He stated that this is just south of the RTC park property.

 

Mr. Hamilton discussed the history of the PUD application on a R7A zoned property. He stated the Planning and Zoning Commission has forwarded a positive recommendation in support of the project. He discussed the town homes proposed for the site with access off Locust Lane. He stated that this will be improved with two accesses.

 

Mr. Dave Wolcott of McCrone Engineering, Inc. discussed the proposed plan of the project. He displayed the preliminary site plan which was forwarded as a concept plan for the PUD application. Mr. Wolcott stated that there are five town houses fronting on Salmon’s Avenue. He stated that they exceed slightly the Open Space requirements for the zoning for that area and meet the parking requirements. Mr. Wolcott discussed the storm water management facility which he stated will be worked out during the site plan review with Easton Utilities.

 

Mr. Jensen asked if a pond is not proposed, what will be implemented.

 

The Town Engineer, Mr. Glass stated that in order to satisfy storm water here might be subsurface retention systems that can actually be buried. He stated that there are also methods to reintroduce that surface water back into the ground water through an infiltration gallery that is also a series of underground pipes. Mr. Glass stated that space here is a limiting factor.

 

Mrs. Scott-Taylor discussed the alley for the project.

 

Mr. Wendowski stated his concern for fire truck’s mobility in this alley.

 

Ms. Jackson-Amis questioned how these are marketed.

 

Mr. Chris Butterworth, the developer discussed the project. He stated that they are 13 units, with four different designs, three-stories, 2,160 square feet of living space with either a one or two car garage, three bedrooms, 2 ½ baths with a price in the low $200,000s. Mr. Butterworth stated that these town homes will have a combination of vinyl and brick and are system built in a factory as modular, assembled on site.

 

Mr. Jensen discussed his concerns with architecture. He stated that he worries how this building will fit into the neighborhood where it is. He asked if the façade could be changed.

 

Mr. Wolcott stated that the architectural difference is with some of the units being vinyl and some being brick.

 

Mr. Jensen suggested façade with more character of the town. He asked if the side of Locust Lane could also be adjusted. Mr. Jensen made a case for architectural diversity for the project.

 

Ms. Jackson-Amis stated that the Planning Commission noted that they liked this architectural design.

 

Mr. Wendowski asked about shutters on the back of the units. Mr. Butterworth stated that this was never discussed.

 

Ms. Jackson-Amis recommended that one or two of these homes be in a more affordable range.

 

Mr. Butterworth stated that the entire project would have to be changed with the cost of the infrastructure, the price of the land, the engineering with the square foot of the building, the price barely works now.

 

Mr. Wendowski asked if the developer would be agreeable to an impact fee when a number is devised. Mr. Butterworth stated that this may through the whole project out the door.

 

Mr. Wendowski asked if there were any conditions placed on this project by the Planning and Zoning Commission. Mr. Butterworth stated that there were none that he is aware of.

 

Mr. Wolcott stated that an access had to be removed.

 

Mr. Wendowski asked if there would be a homeowners’ association. Mr. Butterworth stated that there would be.

 

Mr. Wendowski stated that he thought that the street should be built to town standards. Mr. Wendowski stated that if the homeowner’s association dissolves, the town gets the responsibility for maintenance of the streets.

 

Mr. Hamilton stated that the applicant will have to improve Locust Lane and the other streets involved are private. Mr. Hamilton stated that the Town will make the developer build the streets to town standards.

 

Mr. Wendowski asked that the record reflect that the Town Planner has obligated the developer to build streets to the Town’s standards.

 

Mrs. Scott-Taylor questioned the frontage of the units. She asked if the garages are in the rear. Ms. Scott-Taylor asked how much green space will be at the front of the units.

 

The Town Planner stated that there is a 15’ dimension. He stated that it might actually look nicer to slide the buildings a little closer to the street giving them a little more rear space in the alley access.

 

Mr. Wolcott stated that there is approximately 30’ between the street line of Salmon Avenue and the actual building itself.

 

Mrs. Scott-Taylor asked what the surface would be in the rear going up to the garage. Mr. Butterworth stated that it will be asphalt and a combination of landscape.

 

Mrs. Scott-Taylor asked what the homeowner’s association would be responsible for maintaining. Mr. Butterworth stated that they would maintain the interior streets and the landscaping in the whole project.

 

Discussion occurred on the garage. Mr. Butterworth clarified that all garages will be in the rear of the units.

 

The President of the Council stated that if there are no more questions, he will open the hearing for public comments.

 

Ms. Elizabeth Kelly Dawkins, 11 Thoroughgood Lane, discussed her concern with the nearby stream which she states is a part of the Tred Avon River.

 

The Town Planner showed where the project ends and the stream bed located.

 

Ms. Dawkins discussed her concern with the storm water plan.

 

Mr. Hamilton stated that once the zoning is applied for this, there is no need to go back to the Planning and Zoning Commission. He stated that there will be a technical site plan review with the staff.

 

Ms. Dawkins stated that PUDs have hit Easton and this project will make the area look like Baltimore City row house development. She stated that she is concerned what will happen with the homeowner’s association. Ms. Dawkins stated that she feels things should be tighter, need to have follow through.

 

Ms. Jackson-Amis questioned if all the units were three bedrooms. He stated that there is a possibility of a fourth bedroom with a gable effect. She asked if two units were two bedrooms, perhaps there could be housing for about $110,000. Ms. Jackson-Amis commended that to the developer’s thought process.

 

At 8:38 p.m., the President of the Council closed the Public Hearing. He stated that the record will be left open for written comments until the end of business on Friday.

 

ITEMS BY MEMBERS OF THE COUNCIL

 

Mr. Jensen wished everyone a Happy New Year. He thanked everyone for their concern during their recent experience. Mr. Jensen asked for patience for those he owes telephone calls back to.

 

Mr. Wendowski discussed the activities with First Night Talbot. He stated that this was his third year as a volunteer and everyone enjoyed the activities.

 

Ms. Jackson-Amis asked Mayor Willey to give her an answer to the issue raised about 33 Kelly Gibson Street in terms of what if anything; the town can do to assist this project. She asked for the answer in advance of the Mayor’s meeting with Mr. Bibb. Ms. Jackson-Amis asked for the status of the Doverbrook vacancies prior to Mr. Bibb’s meeting.

 

Mr. Ford reminded the Council and the public at large that the second monthly Council meeting will be held Tuesday, January 20 due to the observation Dr. Martin Luther King, Jr. Day.

 

EXECUTIVE SESSION

 

Upon motion by Mr. Jensen seconded by Mrs. Scott-Taylor, the Council convened into Executive Session at 8:41 p.m.

 

At 9:19 p.m., the President of the Council adjourned the Executive Session and reconvened into regular session.

 

ADJOURNMENT

 

Upon motion by Ms. Jackson-Amis, seconded by Mrs. Scott-Taylor and unanimously carried; the President of the Council adjourned the regular council meeting at 9:20 p.m.

 

 

______________________________________

Town Clerk