TOWN OF EASTON, MARYLAND
January 20, 2004
Councilmember Maureen Scott-Taylor Councilmember Moonyene Jackson-Amis
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.
At 7:00 p.m., the President of the Council called the meeting to order with Mr. Jensen leading the audience in prayer and Pledge of Allegiance.
APPROVAL OF MINUTES OF JANUARY 5, 2004 MEETINGS
Upon motion by Mr. Wendowski, seconded by Mrs. Scott-Taylor, the minutes were approved unanimously.
EASTON FIRE DEPARTMENT REPORT
Mr. Jamie McNeal, 2nd Lieutenant of the Easton Volunteer Fire Department was present to update the Council on the end of the year totals for 2003 and reported on the recent fire at Cherry’s. He stated that automatic alarms continue to be a problem as well as the increase in motor vehicle accidents. Mr. McNeal discussed the Fire Department’s new website. Mr. McNeal presented a picture collage from the fire at Cherry’s to Mayor Willey.
ITEMS BY MAYOR WILLEY
Mayor Willey discussed his presence at the County Council’s meeting this afternoon. He presented them with a letter asking for their consideration this year on the tax differential. Mayor Willey asked instead of a tax reduction on property taxes, the County consider half rebated as cash back to the town and half going to the individual taxpayer.
Mayor Willey reported that on another meeting with the County Council and Mr. Paul Tischler regarding impact fees. He stated that this has the ability to have a profound effect on affordable housing and economic development issues in the county. He asked the Town Council to get together and address these issues.
Mayor Willey asked for a workshop to include the following items: 1) the park plan and setting up the commission to begin working and; 2) impact fees.
Mayor Willey asked for Council’s consideration on the appointment of Mr. Tom Moore to the Planning and Zoning Commission.
Ms. Jackson-Amis requested that the Mayor in conversations to the County Council, request sufficient meeting notice to adjust schedules to enable attendance at these meetings.
MEMO FROM MAYOR ROBERT WILLEY REGARDING MR. TOM MOORE’S APPOINTMENT TO THE PLANNING AND ZONING COMMISSION
Upon motion by Mr. Wendowski, seconded by Mr. Jensen and carried unanimously, Mr. Moore’s appointment to the Planning and Zoning Commission was approved.
INVESTIGATORY REPORT FOR EASTON HOUSING AUTHORITY
Ms. Jackson-Amis stated that at the last meeting she asked for an investigatory report regarding the Easton Housing Authority. She stated that she has received information but was concerned that it had not been disseminated before this evening. Ms. Jackson-Amis stated that she has sent a letter to the Easton Housing Authority Board and Mr. Don Bibb. She stated that she had only one response from a Board member and none from Mr. Bibb. Ms. Jackson-Amis questioned who could make a final analysis for the citizens in Easton who may have housing problems and housing issues.
ITEMS BY THE CHIEF OF POLICE
Chief Harvey stated that he had nothing for this evening.
ITEMS BY THE TOWN ENGINEER
The Town Engineer, Mr. Glass discussed a contract award for paving that will be awarded after Resolution No. 5820 is acted on this evening. He asked the Council for approval of this year’s operating and capital paving contract for $138,463 and with tonight’s transfer, funds will be available for this expenses.
The Town Engineer updated on the million gallon storage tank. He stated that the contractor will be ready to mobilize the week of January 26 with a completion date of mid December.
The Town Engineer reported on the design and construction of the Easton Volunteer Fire Department substation on Matthewstown Road. He stated that JOB Construction will be responsible for the design with a completion date of mid August or September.
Mr. Glass stated that work is continuing on South Street. He stated that the spring project is August Street.
The Town Engineer updated on the waste water treatment facility. He discussed an upcoming meeting with the Maryland Department of the Environment.
Mr. Jensen questioned the Town Engineer about crosswalk signals. Mr. Glass stated that he has contacted some vendors for electrified signs.
Mr. Jensen questioned the possibility of a Stop sign at Harrison and South Street. Mr. Glass stated that he has the information and will take a look at it and report back to the Council.
ITEMS BY THE TOWN PLANNER
Mr. Hamilton, the Town Planner reported on the Planning and Zoning Commission’s last meeting. He stated that they reviewed the Dudrow PMR and recommended approval. He asked for a public hearing date.
The President of the Council set the Dudrow PMR public hearing for February 17 at 7:15 p.m.
Mr. Hamilton stated that the Planning and Zoning Commission discussed a Bob Evans on the Gannon property on Chapel Road. He stated that the Planning Commission will look at the project again as it was denied due to a 2 to 2 vote.
Mr. Hamilton reported that the Patriot Square PUD is back before the Planning Commission and the Council due to a new owner with new architectural renderings. He stated that the Council will hold a public hearing on this request on February 2 at 7:15 p.m.
Mr. Hamilton reported on the Fishing Cove project on the north side of Matthewstown Road. He stated that they received Planning Commission approval for a site plan however; the architecture was just recently submitted. He reported that the Planning and Zoning Commission has now approved that project.
Mr. Hamilton stated that the Planning and Zoning Commission reviewed a new location for the Memorial Hospital Daycare facility which would be located on Vine Street directly behind the Family Support Center. He stated that this has been approved pending some conditions that must be worked through dealing with parking.
Mr. Hamilton reported that the Critical Area Commission voted unanimously to approve the action of Talbot County and the Town of Easton in granting the Elm Street project its growth allocation. He stated that the next step in the project is to go back to the Planning and Zoning Commission.
Mr. Hamilton stated that the Planning and Zoning Commission has set a workshop for the Comprehensive Plan for January 22 at 3:00 p.m.
COUNCIL CONSENSUS 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.
Mr. Jensen discussed his concerns regarding architecture.
Mr. Bruce Butterworth discussed making architectural changes to make the units different. He discussed adding some brick, adding a bay window to the sides facing Locust Street and glass around the doors.
The Town Attorney advised the President of the Council that by allowing the applicant to speak, he had re-opened the public hearing. He stated that it should be deferred until the hearing is re-advertised or until the persons present at the original hearing have been notified.
Mr. Wendowski asked if this should be referred back to the Planning and Zoning Commission.
The Town Attorney discussed the procedure.
Mr. Wendowski discussed his concerns with the designs. He stated that he thinks it is attractive but has concern that one unit looks as if it is facing open space.
The President of the Council asked for the Town Attorney’s advice on how to proceed procedurally.
The Town Attorney advised that dialogue between Council and the developer should have been done in context of a re-opened public hearing in light of Mrs. Dawkins’ concerns which have to do with storm water management issues. The Town Attorney suggested the Council deliberate on this and in light of deliberations, if the Council prefers a different architectural treatment for some or all of the project, decide generally speaking what those guidelines are and let the Planning and Zoning Commission perform its function.
The President of the Council asked for Council consensus on the project with relevant comments.
Mr. Wendowski stated that he has no problem with the design and he feels it is well done. He was concerned if 13 families could support a homeowner’s association so he asked that the interior streets be made to the Town’s specifications in the event that the homeowner’s are not able to maintain the streets and the Town would have to take over responsibility. Mr. Wendowski stated that he is in favor of voting for the project.
Mr. Jensen stated that he has some serious concerns about the design of the project fitting into the neighborhood. Mr. Jensen stated that with some architectural modifications he is in favor of the infill development.
Ms. Scott-Taylor stated that with a slight improvement in the architectural façade of the ends of the units on locust street being made brick and on the other end, shingle instead of vinyl, she would also be inclined to support the project. Ms. Scott-Taylor discussed her concerns regarding storm water management possibilities. She discussed the project being a good example of what we are trying to accomplish within the town’s limits with regards to infill development.
Mr. Jensen stated that these are extremely expensive homes. He stated that the Town has been trying for affordable housing. Mr. Jensen stated that he would like to see a contribution to the Housing Trust Fund that has been proposed in conjunction with the Elm Street project.
Ms. Jackson-Amis stated that she has no objection to the project as far as the architectural design is concerned but she does believe that this developer and all of the other developers must have at least 10% affordable housing which is probably one unit for this development. She discussed one or two bedrooms as opposed to two. She asked to be consistent in the standard that is required by all the other developers that are coming into town.
The President of the Council recapped the Council’s comments for the Town Attorney. Mr. Ford stated that Mr. Wendowski’s comments were that the private roads be developed to Town’s standards. He suggested the storm water management language to reflect that the Council strongly recommends alternatives to the pond be evaluated by the Town Engineer and the Planning and Zoning Commission.
The Town Engineer discussed storm water management methods. He stated that they will exhaust other possibilities for storm water other than a retention pond or detention pond.
The Town Attorney articulated the Council’s consensus on the project.
The President of the Council discussed the affordable housing concerns.
Ms. Jackson-Amis stated that although the developer is doing less houses, doesn’t excuse them from the responsibility of contributing to the affordable housing concept.
Mr. Ford agreed that this Council needs to be consistent in getting some sort of compensation from any development for affordable housing in this community. He stated that the dilemma he has is that the Town does not currently have a formula and is negotiating as we go along. Mr. Ford stated that this is a different kind of development and is encouraging infill development within the town. Mr. Ford questioned how the Council can encourage infill development and satisfy the need to support affordable housing.
The Town Attorney stated that one of the reasons why many communities go to a floor or a minimum number of units necessary before triggering affordable housing obligation is that the ongoing administration of those programs is very difficult. He stated that it might be worth considering approaching this in terms of a contribution to the affordable housing trust keyed into the issuance of building permits for each unit.
Discussion occurred on administrative costs.
Mr. Ford stated that it is very plain that we need to get moving on creating a kind of formula that is required so that this is not a negotiating process without every applicant.
The Town Attorney discussed alternative approaches available. He suggested using the Elm Street project as a guideline for affordable housing options.
The Town Planner discussed various issues with affordable housing. He discussed formulas and size of projects. Mr. Hamilton stated that his recommendation is to give the staff notice to work on a project but decide what is to be done with this one now.
Ms. Jackson-Amis stated that she thought it was clear that there would be a requirement of new development that there would be a percentage of the affordable housing; she recalled 10% without exceptions. She stated that she thought that his department knew that clearly the affordable housing component was a parcel of any new development since Elm Street so she stated that it is fair to say that there is notice of this although the percentage was not decided upon.
Mr. Hamilton stated that he feels that a PUD of this size, scope and scale may not be able to contribute equally as larger projects although an equitable way should be considered so all these smaller project developers will not be run off because they are exactly what the Town wants.
Mr. Ford stated that he feels there is a general and clear formula in place to apply to developments; he does not see this working for this size developments. He stated that he would be in favor of approval of this without affordable housing.
Mr. Jensen stated that an affordable housing unit contribution, either one unit or a fixed contribution should be considered.
Mrs. Scott-Taylor stated that she was not sure the one unit or the 10% rule should apply but something should be decided such as the amount to be contributed to the affordable house trust.
Ms. Jackson-Amis stated that this could not be determined without an impact amount.
Mr. Jensen suggested $1,000 per unit.
Mr. Wendowski stated that this sounds reasonable and could be tolerable.
Ms. Jackson-Amis stated that someone couldn’t have a house for $13,000.
Mr. Ford stated that if it was in the housing trust fund, it could grow.
Mr. Wendowski stated that the contribution could have more of an impact than one affordable home.
Ms. Jackson-Amis stated that there needs to be a formula or some basis for giving a number.
Mayor Willey asked the Council to agree that at the workshop on impact fees, this would be the time to talk about whatever this contribution might be and it could be settled then and in the meantime, allow Mr. Kehoe to write the Findings of Facts based upon what has been concluded this evening and allow the Town Attorney and himself to meet with the developers and work out a contribution. He stated that the Council will be notified of the outcome of the meeting before the next meeting and see if that’s agreeable.
UPDATE ON THE HOUSING SURVEY BY MS. PRISCILLA MORRIS AND MS. GINGER HOWELL
Ms. Morris updated the Council on the housing survey project. She stated that they are working on the survey with volunteers using palm pilots and obtaining digital photographs on 5,500 parcels throughout the town. Ms. Morris stated that they have trained 36 volunteers in ten days. Ms. Morris stated that she thinks they will involve 75 to 100 volunteers and will have results in four to eight weeks. She stated that they will have good map able information when they are done with this survey. Ms. Morris stated that Delaware State University will have participants do quality assurance checks on their data. Ms. Morris thanked the Town for the support as well as Mayor Willey and Mr. Hamilton and his staff. Ms. Morris discussed community sponsors; Mid Shore Community Foundation, the Enterprise Foundation, Historic Easton and crucial support from The Grace B. Kerr Foundation.
Ms. Ginger Howell discussed volunteers and training sessions which she stated takes approximately three hours. She stated that the Police Department is fully aware of their efforts and stated that they have identification for volunteers. Ms. Howell stated that all this information is taken from sidewalks and there is no interviewing of residents. Ms. Howell stated that if anyone is interested, they may e-mail them at eastonsurvey@yahoo.com or telephone 443-496-4007. She encouraged interested persons to join them.
Mrs. Scott-Taylor stated that she would suggest to Easton Cable to put a crawl on their weather channel.
Ms. Howell thanked everyone for the collaborative efforts.
Ms. Morris discussed the Cherry’s fire and stated that this town does well in saving structures.
MR. SIDNEY S. CAMPER, JR. TO UPDATE COUNCIL ON LONDONDERRY PROPERTY
Mr. Camper introduced Mr. Bill Stagg to introduce the planned expansion at Londonderry.
Mr. Stagg discussed Londonderry’s long range planning internal session to determine how they want to grow, how big they want to grow and what their growth opportunities are. He stated that their inclusion of their study is that they should expand; probably with 100 more units. Mr. Stagg stated that it is their intention to file an annexation request for about ten acres comprised of two parcels.
Mr. Stagg stated that they are before the Council tonight to gather any input.
Mr. Stagg discussed the interest in Easton Point and the conceptual plans of the project.
Mr. Jensen discussed a trail system by the water or the potential for public access. Mr. Stagg stated that the proposal would have to be looked at due to the nature of the retirement community and security issues.
Mrs. Scott-Taylor questioned the number of additional units. Mr. Stagg stated that 100 units would be in addition to the existing development which consists of 110.
Mr. Camper discussed the existing home on the property which will remain part of the Londonderry community as well as the need for growth allocation.
Mr. Ford discussed the process.
The Town Attorney, Mr. Kehoe stated that the annexation process is a town process but the County will be involved by looking at the growth allocation aspect of the project.
The Town Attorney discussed the historic significance of the mansion on the Londonderry property.
The Town Planner stated that the Critical Area Program will have to be amended upon annexation to show this area included which he believes the Critical Area Commission will refer to as hopefully a refinement due to the fact that a project will not be developed at that point in time.
The President of the Council discussed the available growth allocation acres left.
MR. DON BIBB TO ADDRESS COUNCIL WITH QUARTERLY UPDATE FOR HOUSING AUTHORITY
Mr. Bibb updated the Council on activities from 2003 and the projection of activities in 2004. Mr. Bibb discussed the Housing Authority’s roles and responsibilities and process of operation which he states have changed tremendously. He stated that the Housing Authority of the Town of Easton is a quasi government entity controlled as an extension of the Federal Government from HUD. Mr. Bibb stated that they receive no assistance from the State of Maryland, Talbot County or the Town of Easton but are subsidized by HUD for operational purposes and receive monies on an annual basis to make improvements to government houses that exist within the jurisdiction within the Town of Easton. Mr. Bibb discussed other programs administered by the Housing Authority. He discussed the Graham’s Park project which offered housing for 12 families that normally would not have qualified for traditional housing loans. Mr. Bibb stated that they are proposing to change the name of the Housing Authority of the Town of Easton to the Housing Commission of Talbot County which will not impede or interrupt any services currently provided. Mr. Bibb stated that the communities were built by government and the program which houses individuals is a program and not a development. He stated that this program is for individuals which are eligible to participate to get subsidy assistance for their rent. He discussed an annual tuition assistance program which will be awarded to individuals based upon criteria established by the agency. Mr. Bibb discussed necessary steps of protocol in dealing with the agency.
Ms. Jackson-Amis asked if maintenance employees were certified. Mr. Bibb stated that they have several certifications but jobs needed to be contracted out are. Ms. Jackson-Amis questioned the vacancy at the Doverbrook units.
Ms. Jackson-Amis discussed a structure in Unionville that she hoped would be preserved and asked Mr. Bibb for his assistance. She commended his work at Graham’s Alley.
Ms. Jackson-Amis discussed safety concerns at the Port Street apartments. She asked that the units be made safer for the citizens renting the building.
Ms. Jackson-Amis discussed the situation at 33 Kelly Gibson Street and the history of the application due to the applicant’s layoff at Black & Decker.
Mr. Ford asked that the Council be copied on documentation regarding Ms. Jackson-Amis’ concerns in order to be informed.
Mr. Jensen asked when the Commissioners of the Easton Housing Authority meet. Mr. Bibb stated that they meet the fourth Tuesday of every month at 12:00. Mr. Jensen recapped his experience with the Housing Authority’s clients. He suggested working out these matters together as everyone is facing common problems.
RESOLUTION NO. 5820 AUTHORIZING BUDGET MODIFICATION FOR FY2003/04
Ms. Jackson-Amis stated that she would have liked to look at all the items to fund and at least made some suggestions.
Mayor Willey stated that there are only two items being funded.
The Town Clerk discussed the capital funding requests being funded.
Upon motion by Mr. Jensen, seconded by Mrs. Scott-Taylor, Resolution No. 5820 was unanimously approved following a roll call vote.
PAVING CONTRACT
Upon motion by Mr. Jensen, seconded by Ms. Jackson-Amis and carried unanimously, the paving contract was approved as submitted by the Town Engineer.
LETTER FROM MR. ROBERT WITKOSKY, PRESIDENT, TIDEWATER STAMP CLUB REQUESTING WAIVER OF FIREHOUSE ROOM RENTAL FEES FOR STAMP CLUB SHOW MARCH 20, 2004
Upon motion by Mr. Jensen, seconded by Mrs. Scott-Taylor, the waiver of the Firehouse Room Rental Fee was unanimously approved.
APPROVAL OF INVOICES TOTALING $564,933.79
Upon motion by Mr. Jensen, seconded by Mrs. Scott-Taylor, invoices totaling $564,933.79 were unanimously approved for payment.
ITEMS BY MEMBERS OF THE COUNCIL
Mr. Ford reminded the Council of the Planning and Zoning Commission’s workshop is Thursday, January 22 at 3:00 p.m.
Mr. Ford reminded the Council of the first Police Board meeting on February 2 at 6:00 p.m. since its restructuring.
Mr. Ford discussed the County Council’s public hearing on January 27 at 7:00 p.m.
Mr. Ford discussed the public hearing at the Talbot County library on February 3 at 7:00 p.m.
Mr. Ford set January 26 at 6:00 p.m., for the RTC park study, impact fees and the affordable housing commission.
Mrs. Scott-Taylor discussed the Easton Main Street meetings and the St. Patrick’s Day Committee meeting.
Mrs. Scott-Taylor congratulated the Academy Art Museum on their designation by the American Association of Museums.
Mr. Jensen stated that the architectural questions need to be worked out in a systematic way. He asked the council to relay any suggestions regarding this matter.
Mr. Wendowski congratulated the Fire Department for a great job at the Cherry’s fire.
Mr. Wendowski expressed his condolences to Mr. Gerry Adams and his family for the recent loss of his wife.
Ms. Jackson-Amis echoed her condolences to Mr. Adams and her sentiment with respect to Cherry’s.
Ms. Jackson-Amis thanked Mr. Jensen and Mr. Willey for coming to the Dr. King program on Saturday.
Mr. Ford scheduled a public hearing on the Local Law Enforcement Block Grant for February 17 at 7:45 p.m.
AUDIENCE COMMENTS
Mr. Walter Black, President, Talbot County Branch NAACP, First Vice President Mr. Walter Chase and Mr. Burton Wilson Housing Committee Chairperson were present to discuss their concerns regarding public housing in the town. He stated that the complaints have been numerous and substantial and they are suggesting an independent investigation. He stated that they are prepared to pursue that.
Mr. Jensen asked who would be the independent investigator. Mr. Black stated that this could be resolved.
Mrs. Scott-Taylor clarified that NAACP is not taking the action but recommending that the Town Council take the action.
The Town Attorney stated that the Housing Authority under Maryland law is an independent agency and the direct authority of the Town Council is limited to the appointment of the members of the Board of Directors of the organization. He stated that it is intended to function independently of local government political control and answers to the State. He advised the Council that if they chose to decide that there should be an independent investigation of the Housing Authority’s performance, it can be done and suggestions could be made. Mr. Kehoe reiterated that the Housing Authority is not an agency of the Town of Easton.
Mr. Wendowski asked if the request would have to go to HUD or a request to another individual organization.
The Town Attorney advised that this might be the better way to go.
Mr. Black stated that they want an impartial, credible investigation.
Discussion occurred regarding the appointments of the Commissioners of the Housing Authority.
Ms. Jackson-Amis stated that if there was an independent investigation as suggested by Mr. Black, some of the issues would be refuted or supported and at least it would be a basis for discussion.
The Town Attorney advised that the way to approach it might be to contact the Department of Housing and Community Development and suggest investigation regarding the concerns and suggest a report as to how the agency is functioning.
The Council President stated that he would like documentation regarding the complaints and the failure of the Easton Housing Authority to meet those complaints. He stated that he would support efforts to go to HUD or the appropriate agency if there was some documentation or some tangible understanding of the nature of the complaints and how they have not been met.
ADJOURNMENT
Upon motion by Mr. Jensen, seconded by Mrs. Scott-Taylor and unanimously carried; the President of the Council adjourned the regular council meeting at 10:15 p.m.
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Town Clerk