TOWN OF EASTON, MARYLAND

February 17, 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 Mr. Christopher B. 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 Ms. Jackson-Amis leading the audience in prayer and Pledge of Allegiance.

 

APPROVAL OF MINUTES OF FEBRUARY 2 AND FEBRUARY 9, 2004 MEETINGS

 

Upon motion by Ms. Scott-Taylor seconded by Mr. Wendowski and carried unanimously, the minutes were approved with a correction to the number of units at Patriot Square should be 133 instead of 143.

 

EASTON FIRE DEPARTMENT REPORT

 

Mr. Ken Bush invited everyone to visit the Fire Department’s website at www.eastonvfd.org for up to date activities and featured items.

 

ITEMS FROM MAYOR WILLEY

 

Mayor Willey reported on a meeting with the Talbot County School Board regarding the possible right-of-way of the east/west connector road across School Board property. He stated that the meeting was very well received.

 

Mayor Willey stated that the RTC Task Force meeting will be held Tuesday, February 24, 2004 at 7:00 p.m. in the Council’s Chambers.

 

Mayor Willey stated that he had received notice today that the lease for the skate park had been signed by Cadmus.

 

Mayor Willey stated that he has started the first rough draft of the budget. He stated that everyone should have a copy by the middle of next month.

 

ITEMS FROM CHIEF OF POLICE

 

Chief Harvey stated that he had a request from Harper & Sons, Inc. requesting five parking spaces on Harrison Street for six months for construction on Academy Art Museum. Chief Harvey recommended approval.

 

Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried, approval was granted.

 

Chief Harvey reported that low bid for the K-9 addition was Willow Construction. He recommended the bid award to Willow Construction.

Chief Harvey discussed the stats for January 2004.

 

Chief Harvey discussed renovations to the Easton Police Department building. He stated that the cost for continuing the renovations with the Records Department would be $13,200 for the renovation plus $1,750 for electric. He stated that the money is available from the bond put out for the department several years ago.

 

ITEMS FROM THE TOWN ENGINEER

 

The Town Engineer, Mr. Glass stated that the recommendation that we make an award for outsourcing for landscaping is included in the packet tonight. He stated that there were two bidders; Chesapeake Landscape and Design, Inc. and Ford’s Lawn Care. He stated that the low bid from Chesapeake Landscape & Design, Inc. was $42,968 as opposed to $68,700. Mr. Glass stated that the savings realized could be approximately $60,000 per year in that department.

 

Ms. Jackson-Amis stated that there are people that need jobs and this could be a part-time position without all the benefits as opposed to giving it to a private company.

 

Mr. Glass stated that they have not let anyone go; they are not filling vacant positions. He stated that there will still be three full time employees in that department as well as a full time employee at North Easton Park. He stated that the three employees left in that department can handle the summer work load.

 

Mr. Wendowski asked for a copy of the analysis of the cost reduction.

 

Ms. Jackson-Amis discussed her concerns. She asked if this needs to be voted on tonight.

 

Mr. Ford asked if this could be tabled until the next meeting.

 

Mr. Glass stated that this would be fine.

 

Mr. Ford reminded everyone of the impacts of the closing of Black & Decker and the necessity to reduce spending.

 

The Town Engineer is to report on the savings for the contract award at the next meeting.

 

Mr. Glass discussed a memo for the Council to make some improvements at South Street and Harrison Street. He discussed the change of the intersection configuration to a four-way stop.  Mr. Glass discussed the reasoning for the change.

 

Mr. Jensen made a motion to make the change as outlined by the Town Engineer seconded by Mrs. Scott-Taylor and carried unanimously.

 

Mr. Glass discussed the east/west connector road meeting with the School Board. He stated that the next step is to go back to the drawing board and take a look at how we can get a road alignment through that property and start working on some additional plans for that effort. Mr. Glass stated that subsequent to that, we need to look at some other sections along this link through RTC and a tie back out to Route 50. Mr. Glass stated that he will keep the Council informed. He discussed the next hurdles.

 

Mr. Glass updated on the Easton Volunteer Fire Department’s substation to be located on Matthewstown Road. He stated that the contractor has returned the signed contracts and a Notice of Award has been issued. However, the contracts need to be returned and supplemented with the required bonds. Mr. Glass stated that the bonding company has some questions. Mr. Glass stated that he will keep the Council posted.

 

Mr. Glass discussed the ongoing tree maintenance lists.

 

Mr. Glass stated that they will be three weeks on the South Street reconstruction project between Park and Tred Avon then they will move down South Street between Hanson and Harrison Street in front of the Academy of the Arts redoing curb, gutter and sidewalk where needed. He stated that they will finish out a major project from Hanson Street down to Pennsylvania.

 

Mr. Glass discussed the annual storm drain cleaning beginning Monday, February 23 to clean out 425 storm drains around town.

 

Mr. Glass discussed the snow issue. He stated that the Easton Town Charter and Code in Section 24-14 that any property owner, corporate or otherwise, has the responsibility to make their sidewalks safe and passable, clean from snow and ice accumulation within 24 hours after the cessation of snowfall. He asked that property owners be mindful of pedestrians. Mr. Glass stated that messages have been put out to the public.

 

Mr. Ford asked the status on the West Kennedy Street bid tabulation. Mr. Glass stated that there were two bidders; one Ferguson Trenching and the other Bryan & Sons. He stated that the apparent low bidder was Bryan & Sons. He stated that he has more issues regarding this matter before awarding the contract.

 

Ms. Jackson-Amis distributed a three page letter regarding flooding at 611A Dover from the Watkins family. She asked that the Town Engineer reply to her regarding the status of the situation.

 

Mr. Glass stated that the Assistant Town Engineer, Mr. Gruber, will be attending a meeting with the Housing Authority on February 24 to go over with their Board the details about the pond and the construction. Mr. Glass stated that he needs that meeting to happen first.

 

Mr. Jensen discussed the intersection in front of the proposed Hampton Inn. He stated that there are some with concerns and wondered if there are any solutions. Mr. Glass stated that there are no definitive solutions from the state. He stated that the applicant has been asked to supply some data regarding updated traffic count numbers and an impact analysis of a new hotel versus the old hotel, specifically at that intersection. He stated that his job is to evaluate that, communicate with the state and look for reasonable alternatives that the state and the town agree on.

 

Mr. Jensen asked Mr. Glass to speak with the community regarding the intersection.

 

Mr. Jensen discussed drainage ditches at Hawkes Hill Road. Mr. Glass stated that they submitted for a CDBG for that project. He stated that he will see where that request for funding is. Mr. Glass urged the residents to check the culverts in front of their residence.

 

ITEMS FROM THE TOWN PLANNER

 

Mr. Hamilton stated that the Planning and Zoning Commission agenda meeting on Thursday at 1:00 p.m. has been amended:

 

ITEMS FROM TOWN ATTORNEY

 

The Town Attorney suggested that the Council clarify the adoption of Ordinance No. 469, approving the lease for the Cadmus property. He stated that the minutes show that the Council suspended the rules in order to do that. Mr. Kehoe stated that there are certain rules that Maryland law allows you to suspend the rules and that is not a Council rule. He stated that the requirement of an ordinance to be pending in one Council meeting before it is enacted in the next meeting is actually comes from the Charter. He stated that the Charter allows Maryland law to be suspended only for emergencies as defined by things involving an eminent peril to life or property and the Cadmus lease does not fit into that. Mr. Kehoe asked the Council to clarify their action by readopting for the record Ordinance No. 469 tonight which would end any possibility that this could be challenged at some point in the future.

 

Ordinance No. 469, “AN ORDINANCE OF THE TOWN OF EASTON APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE WITH CADMUS JOURNAL SERVICES, INC. OF LAND TO BE USED AS A SKATE PARK.”

 

Upon motion by Mrs. Jackson-Amis seconded by Mr. Jensen and carried unanimously following a roll call, Ordinance No. 469 was passed.

 

REQUEST FOR EXECUTIVE SESSION

 

The Town Attorney stated that he would like another matter for executive session which has to do with the possible sale or acquisition of real estate.

 

ITEMS BY THE ECONOMIC DEVELOPMENT COORDINATOR

 

Mr. Bond congratulated the Academy Art Museum for the national accreditation. He stated that this is a real achievement that they have worked for many years on. Mr. Bond discussed Easton Main Street, Inc.’s Arts Promotion Fund’s public acknowledgement of this milestone recently published in the Star Democrat.

 

(CONT’D.) PUBLIC HEARING FOR PATRIOT SQUARE PUD SUBDIVISION ON THE APPLICATION FOR AN AMENDMENT TO THE PUD CHANGING THE ARCHITECTURE AND REVISING THE PARKING AND SIDEWALK LAYOUT TO ACCOMMODATE NEW UNITS. THE PROJECT IS LOCATED AT THE END OF MEADOW DRIVE.

 

The Town Attorney clarified options regarding the Council’s authority to impose or require contributions for affordable housing.

 

Mr. Kehoe discussed the history of the application and the issue of the affordable housing. He stated that he does not believe that the Council has the authority to require a set aside of units for affordable housing or financial contribution in lieu of the set aside because this project had been approved previously. Mr. Kehoe stated that the only issue tonight has to do with changing the architectural design of the original designs.

 

Mr. Kehoe discussed the legal theory of the application.

 

Mr. Ford discussed the struggle of the Council on the affordable housing issue. He suggested that the Council move on this application without the affordable housing constraints.

 

The Town Attorney discussed Charter changes.

 

Ms. Jackson-Amis made a motion that after considering the application the Council determined that it is not in fact a substantive change and therefore directs the Town Planner to authorize the amendment of the PUD in his authority as Town Planner.

 

Mr. Ford seconded the motion which was defeated three to 2.

 

Mr. Jensen stated that he is in favor of the changes but he finds them significant. He stated that the process should be followed.

 

Mrs. Scott-Taylor raised her concerns and stated that this may be setting a precedent.

 

The President of the Council instructed the Town Attorney to draft a Findings of Fact for the PUD amendment.

 

ORDINANCE NO. 468, “AN ORDINANCE OF THE TOWN OF EASTON GRANTING THE APPLICATION OF CARROLL P. AND KAREN B. HARRISON FOR THE PLANNED UNIT DEVELOPMENT UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE”

 

Mr. Wendowski made a motion to approve Ordinance No. 468 seconded by Mrs. Jensen and carried unanimously following a roll call vote.

 

PUBLIC HEARING ON THE LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD #2003-LB-BX-2543 IN THE AMOUNT OF $6,895 WITH A MATCHING AMOUNT OF $766

 

At 8:05 p.m., the President of the Council opened the Public Hearing to receive comments on the Local Law Enforcement Block Grant.

 

Chief Harvey stated that the match would come out of the Easton Police Department’s Law Enforcement fund. He stated that they would like to pay off the computer upgrades to the Communication Center and add additional money for laptop computers for the cruisers.

 

The President of the Council invited any comments from the public.

There being none, the President of the Council closed the Public Hearing at 8:07 p.m. He stated that the public record would be kept open until the end of business Friday for written comments.

 

APPROVAL OF INVOICES TOTALING $378,748.83

 

Upon motion by Mr. Jensen seconded by Mrs. Scott-Taylor and carried unanimously, payment for invoices was approved.

 

REQUEST FOR EXECUTIVE SESSION

 

Mayor Willey asked for an Executive Session for the advice of Counsel.

ITEMS FROM THE COUNCIL

 

Mrs. Scott-Taylor invited the community to a community dinner next Wednesday evening at the Easton Fire hall from 6:00 p.m. to 8:00 p.m. She stated that Friends of Cherry’s is sponsoring the buffet dinner in their rebuilding efforts as well as giving funds to the Easton Volunteer Fire Department.

 

Ms. Jackson-Amis reminded the community that on Thursday evening, February 19, 6:00 p.m. at the Talbot County Library there will be a town hall meeting to discuss development or issues concerning development on Hanson, South, Harrison Street and the east end and community issues brought to her attention.

 

Mr. Jensen inquired about a demolition permit for a historic building near the Airport; the Wickersham building at the Talbot Industrial Center.

 

The Town Planner stated that a demolition permit has been issued. The Town Planner discussed the history for the demolition application.

 

Ms. Jackson-Amis discussed maintaining historic structures.

 

Mr. Ford announced that at the next meeting on March 1 at 7:15 p.m., there will be a public hearing on a proposed cable television tariff revision.

 

Mr. Ford discussed moving forward with affordable housing in the Town of Easton. He stated that he has contacted Ms. Becky Sherbloom of the Maryland Center for Community Development for assistance with determining a policy for affordable housing. Mr. Ford read a vision statement and stated that Ms. Sherbloom is proposing two workshops to meet with the Mayor and Council then a follow-up work session to mold those thoughts into an agreeable policy. He stated that funding is already in place. She just needs to get approval for the designation to be used in this capacity so he doesn’t anticipate any cost to the town. Mr. Ford stated that if the Council is agreeable, the earliest the workshops could be set up is in March.

 

It was the consensus of the Council to move on this. Mr. Ford stated he will make the appropriate contacts and get back to the Council.

 

EXECUTIVE SESSION

 

There being no further comments, Mr. Jensen made a motion to convene into Executive Session to receive advice of Counsel, to discuss a personnel matter and discuss real estate which was seconded by Mrs. Scott-Taylor and carried unanimously following a roll call vote.

 

At 9:27 p.m., the President of the Council reconvened into regular session.

 

BUDGET CONSTRAINTS

 

Mayor Willey commented to the Council to keep in mind while they are reading the Town Engineer’s proposal about consolidating functions and outsourcing other functions in the Public Works area that one of the guidelines that he was working under was to look at where we could combine operations without anyone getting laid off.

 

Mayor Willey stated that the budget will be extremely tight this year. He discussed the Resource and Welcome Center combining functions and asked the Council to consider the Town Engineer’s bid to contract services.

 

Ms. Jackson-Amis discussed growth opportunities in the Public Works Department and asked if it would be possible to utilize the employees in some kind of creative way. She discussed the employees’ concern with the potential of losing their jobs.

 

800 MEGAHERTZ RADIOS

 

Mayor Willey stated that if he could find the funding, he had notified Chief Harvey that they would purchase the radios to go into the police cars. He stated that this would be 55 units, 14 car units and two work stations which totaled in cost to $314,076. Mayor Willey stated that he had a call from the Department of Homeland Defense where they will process the paperwork and make monies available should funding become available. He asked the Council if the Town could come up with a 10% match and the Homeland Security would give the Town $275,000, would that be agreeable to the Council.

 

It was the consensus of the Council for the Mayor to proceed.

 

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 9:35 p.m.

 

 

______________________________________

Town Clerk