TOWN OF EASTON, MARYLAND

April 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 Mr. Christopher B. Kehoe, Chief of Police George Harvey, Town Engineer Mr. Tim Glass, Assistant Town Engineer Mr. Joe Gruber, Town Planner Mr. Tom Hamilton, Assistant Town Planner Mr. Matt Davis, 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 Mr. Wendowski leading the audience in prayer and Pledge of Allegiance.

 

APPROVAL OF MINUTES OF MARCH 15 AND MARCH 17, 2004 MEETINGS

 

Upon motion by Mr. Wendowski seconded by Mr. Jensen, minutes of the March 15 and March 17, 2004 meetings were unanimously approved as corrected. Mr. Ford stated that Assistant Town Engineer Joe Gruber was in attendance and Mr. Tim Glass was not.

 

EASTON VOLUNTEER FIRE DEPARTMENT

 

Mr. Drew Jensen was present on behalf of the Easton Volunteer Fire Department with the March monthly report.

 

Mr. Jensen thanked the Council for their presence at their ground breaking ceremony for the Town of Easton substation.

 

PROCLAMATION TO TREEKEPERS

 

Mr. Jensen presented a proclamation to Ms. Peg Sinclair and Mr. George Howie, President of Tree Keepers for April 2004 Arbor Day Month.

 

LADY TRIPPE TO COMMEND EASTON POLICE DEPARTMENT FOR THEIR RESPONSE

 

Lady Trippe stated that she has been in town for 11 months but she has a problem with stalkers. She commended the Police Department for coming to her aide.

 

ITEMS BY MAYOR WILLEY

 

Mayor Willey respectfully requested a date for a workshop to consider changes to the Town’s Charter.

 

Mayor Willey stated that the Town of Easton has received a grant from the Maryland Emergency Management Association Administration for new radios in the Easton Police cars, new portable radios as well as new base units. He stated that 75% of the cost will be from the state, 15% from Talbot County and 10% from the Town of Easton. Mayor Willey stated that the radios should be in place by late April or early May.

 

Mayor Willey stated that he will be out of Town April 24 to May 2.

 

Mayor Willey requested an Executive Session to discuss real estate.

 

On behalf of Fred’s Army, Ms. Jackson-Amis thanked Mayor and Mrs. Willey for their reception when Ms. Nettie Washington Douglass came to town.

 

ITEMS FROM CHIEF OF POLICE

 

Chief Harvey stated that he has two requests.

Upon motion by Ms. Jackson-Amis, seconded by Mrs. Scott-Taylor, the Chief’s requests were unanimously approved.

 

Chief Harvey reminded those present about the Police Department’s Awards and Promotion Ceremony at the Avalon Theatre on Wednesday at 7:00 p.m.

 

ITEMS FROM THE TOWN ENGINEER

 

Mr. Tim Glass, Town Engineer, updated the Council on ongoing projects. He discussed crosswalks for Washington and Harrison Street intersections.

 

Mr. Glass stated that the Public Works crews will be finishing curb and gutter reconstruction on South Street between Park and Tred Avon. They will be moving to South Street between Harrison and Hanson Street next week. Work began today at North Easton Park to supplement drainage which should be completed this week.

 

Mr. Glass stated that the sketch plan for the Easton State Park will be forwarded to the Planning and Zoning Commission. He estimated a months worth of construction.

 

Mr. Glass discussed work on storm drains on Harrison Street.

 

Mr. Glass stated that the flushing for the water program will be April 17 through April 19.

 

Mr. Glass stated that the Fire Department substation is currently in design with the final design due date May 5 at which time they will be submitting for building permits with construction to take approximately 180 days.

 

Discussion occurred regarding walk/don’t walk signs on Goldsborough and Washington Street.

 

Mr. Jensen asked when stop signs would be erected on Harrison Street at the Church. The Town Engineer stated that when they move to South Street next week, it will be taken care of as one job.

 

Mrs. Scott-Taylor asked about lighting in the vicinity of Coffee East on Goldsborough Street.

 

The Town Engineer stated that he will look at the area.

 

ITEMS FROM THE TOWN PLANNER

 

The Town Planner, Mr. Hamilton discussed the Planning and Zoning agenda on April 15. He stated that there is one new applicant for a site plan review for an application to vacate Commerce Street, north of Idlewild. He stated that the Planning and Zoning Commission will review a site plan for a project in that area.

 

The Town Planner stated that they will have the Skate Park sketch plan to review.

 

The Town Planner stated that the County has requested permission to put a temporary trailer at the George P. Murphy Pool for the summer for concessions which requires Planning Commission review.

 

ITEMS FROM THE ECONOMIC DEVELOPMENT COORDINATOR

 

Mr. Bond stated that the Annual Easter Egg Hunt will be held April 10 from 10:00 a.m. to noon on the Courthouse lawn with music in Thompson Park afterwards.

 

PUBLIC HEARING TO GATHER INPUT TO AUTHORIZE THE SUBMISSION OF A MD SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION TO PAY FOR INFRASTRUCTURE UPGRADES TO HAWKES HILL ROAD AND A MODERATE HOUSING REHABILITATION PROGRAM

 

At 7:25 p.m., the President of the Council opened the Public Hearing.

 

Mr. Bond stated that he also wanted to report on the Marketing and Feasibility Study that was done for the downtown last year.

 

Mr. Bond discussed the Hawkes Hill project. He stated that it has to do with providing infrastructure for the actual road which includes curb, gutter, sidewalks and storm drains. He stated that a potential source to help fund this project is the Community Development Block Grant so he hopes to make application for $250,000 for the total $400,000 budget with $100,000 of that remainder coming from the Town of Easton and $100,000 would be in the form of a special taxing district over the area allowing the residents to pay on a per linear foot basis for the improvements over a five-year period. He discussed the survey mailed to the residents and the criteria for the application to go forward. Mr. Bond discussed flooding and drainage problems in the area as well as safety concerns and the necessity for sidewalks.

 

Mr. Jensen stated that this is a contentious issue and they are working with the residents to explain what is going on. He stated that this situation in this neighborhood is part of the reason that the Town requires developers to put in infrastructure before developments.

 

Mr. Wendowski stated that the residents will also see an appreciation in the value of their property with curbing and sidewalks.

 

Mr. Gruber, Assistant Town Engineer, asked for questions.

 

Ms. Jackson-Amis questioned if typically, homeowners are responsible for making repairs. She questioned how it is justified for the other taxpayers to absorb the $100,000 costs.

 

The Town Attorney discussed the provisions of the Town of Easton Charter and the current law of the State of Maryland as to the proper allocation of expense between a Town and a private property owner for improvements that improve the property but also benefit the public as a whole.

 

Ms. Jackson-Amis asked if we need to review the application of this process now before voting on what is before the Council so that we have some idea of the magnitude of contribution that the Town may be asked to contribute.

 

The Town Attorney stated that as a general rule, it makes sense to have those issues decided prior to the submission of the application due to the fact that it could change how the Community Development Block Grant administration views the application.

 

Ms. Jackson-Amis asked if the developer should have any responsibility for the improvements. Mr. Jensen stated that it was a long time ago.

 

Mr. Bond discussed the Town’s contribution.

 

Ms. Jackson-Amis asked what the residents’ are saying about a special taxing district.

 

Mr. Bond stated that about half have expressed a willingness to do it. He stated that he would not want to speculate. He stated that a necessary part of the Community Development Block Grant is that it goes to benefit low to moderate income communities. Mr. Bond stated that 50% of the residents must be in that category. He stated that the survey deadline is April 9 and the application deadline is April 30.

 

Mr. Bond stated that the second piece of the CDBG application is regarding the Moderate Housing Rehabilitation Program that would be developed through the Housing Authority in cooperation with the Town of Easton. He stated that it would make available in some cases grants but in most cases, loans available to persons who have moderate rehabilitation needs of the homes and inability to pay for those in the immediate. He stated that the application will be for $450,000.

 

Mr. Don Bibb, Executive Director, Easton Housing Authority discussed the program. He stated that the state offers this program to local jurisdictions to help individuals who have lesser means of financial resources to maintain their properties. Mr. Bibb stated that the grant is available every year. He stated that typically, you try to target income levels of 65% or below of the median income levels of the jurisdictions as a means of identifying households that could be eligible for assistance. He discussed the three sources of financial structure which could be a grant, a direct amortization loan, or a deferred loan which is amortorized over the life term of ownership of the property until such time the property is sold. He stated that he has had conversations with the Town Engineer and this would be done in conjunction with the Property Codes office of evaluating properties throughout the town that need help. He stated that this is not limited to homeownership.

 

Mr. Jensen asked how this is different from the Special Loans Program.

 

Mr. Bibb stated that this is a supplement and can be used to supplement bank loans for rehab and leverage other state programs to make up the difference to make the properties to pass code compliance which is the focus of many of these issues.

 

Mr. Jensen asked if these funds work with the Historic District Commission.

 

Mr. Bond stated that the factor will be whatever it will take to bring the property up to compliance standards but they are limited to $450,000 per year.

 

Discussion occurred regarding the state’s guidelines of Talbot County’s median income.

 

Mr. Bibb stated that the Housing Authority would be the administrators working in conjunction with the Town Engineer’s department.

 

Ms. Jackson-Amis asked if this had been awarded to the Town before. Mr. Bibb stated that the Town has not previously applied for this. Ms. Jackson-Amis asked if a priority order can be done with this application so they could see we have an established procedure. Mr. Bibb stated that the protocol to establish a priority list is the discretion of the Town of Easton.

 

Ms. Jackson-Amis asked if contracting work is submitted out for bid. Mr. Bibb discussed the solicitation of quotes.

 

Ms. Jackson-Amis asked if the Westport Apartments would fall within the context of where these funds could go. Mr. Bibb stated that he would have to ask as these properties are federally controlled properties.

 

Ms. Jackson-Amis asked if there are any opportunities for training for journeyman and some of the work. Mr. Bibb stated that after the program is up and running, monies for those programs might be able to be earmarked for those types of activities.

 

Ms. Jackson-Amis asked if these funds could be used for the Hawkes Hill residents. Mr. Bibb stated that it has to be property specific with certain criteria for eligibility.

 

Mr. Bond discussed the Downtown Market and Feasibility Study. He stated that this is a business recruitment study. He stated that Easton has seen growth at the same rate as the Mid-Atlantic with a notable older demographic than most of the country or region. Mr. Bond stated that household incomes are improving at a fairly impressive rate. He stated that there have been very good rates of growth both in the town and particularly in the county which mean the region and local areas are experiencing a period of economic clout. Mr. Bond discussed the survey of businesses that have an average income of about $250,000 per year; median sales $150,000 per year gross sales. He stated that over half of the survey respondents stated that their businesses are doing worse than the previous year with 26% stating that their businesses are doing better. Real estate, financial and legal services are doing very well. Mr. Bond discussed business hours for downtown retail stores. Mr. Bond discussed the commercial real estate market and stated that the quality of the space is as important as the availability of the space. Retail rents range from $12 to $15 per square foot with a low vacancy rate. Mr. Bond discussed trade areas and stated that Easton is an economic center for a wide community with 20% of the total people within the area with incomes over the $75,000 level. He discussed similar places around the country like Easton; roughly the same size, same ages, economic indicators the same and had the same proximity to other markets. He stated that the study came up with interesting places such as Hendersonville, NC and Lebanon, NH. Mr. Bond stated that the major competitors taking sales from our market are Annapolis and Salisbury. He stated that the fundamental finding of this survey is that if we are to be competitive with those markets, we need to build critical mass. Mr. Bond stated that there were a number of recommendations that would help to create a more positive business environment such as streamlining some codes and permitting issues and regular meetings with large employers. Mr. Bond discussed marketing techniques.

Mrs. Scott-Taylor asked who the marketing experts are. Mr. Bond stated that it would be facilitated by the people that wrote survey.

 

Mr. Bond discussed A level office space available for rent in the Town of Easton.

 

Mr. Ford opened the public hearing regarding infrastructure upgrades to Hawkes Hill Road, a Moderate Housing Rehabilitation Program and the Downtown Market and Feasibility Study for public comments.

 

There were no comments.

 

The President of the Council closed the Public Hearing and left the record open for written comments until the close of business on Friday, April 9, 2004.

 

RESOLUTION NO. 5823 AUTHORIZING THE ATTENDANCE AT THE ANNUAL CONVENTION OF THE MARYLAND MUNICIPAL LEAGUE IN OCEAN CITY FROM JUNE 27 THROUGH JUNE 30, 2004

 

Upon motion by Mr. Wendowski seconded by Ms. Jackson-Amis and carried unanimously, Resolution No. 5823 was unanimously approved.

 

RESOLUTION NO. 5824, “A RESOLUTION OF THE TOWN OF EASTON ADOPTING THE 2004 TOWN OF EASTON COMPREHENSIVE PLAN”

 

Mr. Jensen discussed his concerns relative to the rate of growth in Easton.

 

Mr. Ford stated that planning when it is truly effective in a community is a process; not a document in which the Comprehensive Plan is an extremely part of that process.

 

Mrs. Scott-Taylor thanked everyone involved in the process.

 

Ms. Jackson-Amis echoed sentiments expressed and added her appreciation of the attitudes of the Commission and the Planning staff relative to the Council’s concerns.

 

Mr. Wendowski commended Mr. Jensen’s concerns and stated that he supports this Plan.

 

Mr. Jensen made a motion to adopt the Comprehensive Plan seconded by Ms. Jackson-Amis and carried unanimously following a roll call vote.

 

The Town Planner stated that this Plan will be available on the Town’s website www.town-eastonmd.com and for sale at Laser Letters with a copy at the Town office and County Library.

 

RESOLUTION NO. 5825, “A RESOLUTION OF THE TOWN OF EASTON SUPPORTING MARYLAND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, NEIGHBORHOOD BUSINESS DEVELOPMENT PROGRAM FINANCING TO T.I. PROPERTIES LLC DBA THE TIDEWATER INN & CONFERENCE CENTER”

 

Mr. Bond discussed the Neighborhood Business Development loan. He stated that it goes for businesses that are doing rehabilitation projects that promote foot traffic. Mr. Bond stated that the Town of Easton is merely expressing support and is in no way liable as this is an agreement between the Tidewater Inn and the State of Maryland.

 

Mrs. Scott-Taylor made a motion to approve Resolution No. 5825 seconded by Mr. Jensen and carried unanimously following a roll call vote.

 

PUBLIC HEARING ON THE PROPOSED ISSUE OF ECONOMIC DEVELOPMENT REVENUE BONDS (EMA/WHM ACQUISITION, INC.)

 

Mr. Kehoe stated that this public hearing is required by the Internal Revenue Code. He stated that the Town has been asked by the Episcopal Ministry for the Aged of Easton, Inc. to assist that entity in the acquisition of William Hill Manor. He discussed the revenue bond the Town of Easton assisted with for the construction of the Manor in the early 1980’s. Mr. Kehoe stated that it is changing hands now and EMA is requesting the Town’s assistance in providing long term financing for this project. He stated that this will not be an obligation of the Town of Easton but facilitating as a conduit EMA’s ability to borrow money on the long term municipal bond markets that are established which will enable a longer term for the repayment of the loan and slightly more favorable interest rates.

 

Mr. John Murray was present on behalf of the applicant. He discussed the purpose of the EMA/WHM Acquisition, Inc. enterprise.

 

Ms. Carmel Roake, Vice President of Operations, EMA discussed the history of EMA. She discussed the background and highlights of the transition plans for this activity. Ms. Roake discussed services that will be provided to the residents of William Hill Manor and stated that they also plan to be an employer of choice in the area.

 

Mr. Summer Miller, Chief Financial Officer for EMA described the details of the project. He stated that they are a non-profit organization and operate on a break even basis. Mr. Miller discussed regulatory compliance that has had to become a percentage of their costs structure due to new federal laws and HIPAA. He stated that they will continue to honor all the existing resident contracts and provide all the services that are now in place. Mr. Miller stated that they do not plan to make significant changes in the staff but plan to add certain services and high-skill jobs. Mr. Miller stated that they plan to add residential housing units which will increase property taxes. Mr. Miller discussed the acquisition procedures and financing plans.

 

Dr. David Hill, President and Principal Owner of the William Hill Enterprises explained the transaction and his plans. He stated that he had actually contacted EMA. Dr. Hill stated that the capital received from the acquisition will be deployed in projects in Easton. Dr. Hill stated that EMA will take William Hill Manor where he couldn’t due to their resources.

 

Ms. Jackson-Amis questioned where the hotel project would be located Dr. Hill mentioned. Dr. Hill stated that the plan is for a hotel where Miller’s Body Shop is.

 

Ms. Donna Taylor, the Administrator of William Hill Manor for 19 years was also present. Ms. Taylor will be continuing in the capacity after the acquisition.

 

Mr. Murray stated that what they are asking for is to introduce a resolution tonight that would authorize the issuance of up to 20 million dollars of the Town’s limited obligation bonds to finance this acquisition. He asked that the resolution be adopted during the following council meeting. Mr. Murray stated that EMA has agreed to pay an annual fee in connection of the bonds.

 

Mr. Wendowski asked if all employees would be retained why they received a letter stating that they must re-apply. Mr. Miller stated that technically, the employees have to re-apply because technically, they will no longer be working for William Hill Manor, Inc. but will be working for EMA/WHM Acquisition but the job will be the same.

 

Ms. Roake explained the process for current employees. She stated that it is their absolute intention that everyone maintains their job with comparable benefits.

 

Mrs. Scott-Taylor asked if residents have to sell their cottage rights to EMA.

 

Mr. Miller discussed the residents’ current contract.

 

The President of the Council opened the public hearing for public comments or questions regarding this application.

 

RESOLUTION NO. 5826

 

The President of the Council introduced Resolution No. 5826 which authorizes the Town of Easton as issuer of up to 20 million dollars of bonds.

 

The Town Attorney discussed the structure of this transaction. He stated that the Town and the Town’s taxpayers bear no liability for the repayment of the 17 million dollar loan and bear no expense incurred in the efforts of the Town in terms of the paperwork necessary to bring the loan to consummation. He stated that part of the documentation in this resolution requires the borrower, EMA, to compensate the Town for its expenses.  He stated that this has worked well for the Town of Easton in previous instances and will work well in this case as well.

 

The President of the Council stated that he will keep the written record open until end of business Friday, April 9.

 

COMMENTS FROM COUNCIL

 

Mrs. Scott-Taylor discussed the RTC Task Force’s recent meeting. She thanked the members and Mr. Wendowski for their participation. She stated that the Council can look forward to a preliminary report from the Task Force at the first Council meeting in May.

 

Mrs. Scott-Taylor reminded everyone about the Easter Egg Hunt.

 

Mrs. Scott-Taylor welcomed the new owners and managers of the Tidewater Inn. She stated that she looks forward to working with them.

 

Mr. Jensen stated that architectural standards are moving along. He stated that there will be information at the next meeting for consideration.

 

Mr. Jensen stated that First Friday was a fabulous success.

 

Mr. Jensen discussed Open Mike night at Be a Star.

 

Mr. Jensen stated that he has an open question for his colleagues on the Council now that the Comprehensive Plan has been passed. He asked that one of the first things he hopes is concentrated on is the major retail cap issue.

 

Mr. Ford stated that the planning staff has already begun a draft for review.

 

Mr. Ford asked if the Planning Commission needs to hold a public hearing for the process of a single adjustment of the Zoning Ordinance prior to forwarding it to the Town Council.

 

The Town Attorney stated that the Council will hold a public hearing to consider the changes.

 

Ms. Jackson-Amis acknowledged a letter from Mr. George McManus concerning a trench dug in front of his home and problems associated with that. She stated that the Town Engineer will review the problem outlined in the letter.

 

Ms. Jackson-Amis discussed a memo from the Town Attorney regarding 107 Hanson Street and the concerns she has. She stated that in the memo, the Town Attorney indicated that there was no economic feasibility contest. She discussed her concern with the standard that she felt was not very clear as far as she could hear from the decision that the Board of Appeals made. She felt the decision by the body was very troubling. Ms. Jackson-Amis discussed the A, B, C delineation. She stated that the questions raised were very significant and should be addressed somehow. Ms. Jackson-Amis asked if this is a done deal as this body is concerned.

 

Ms. Jackson-Amis asked what the next step could be to get this process open again and approach the Board.

 

The Town Attorney discussed the Board of Appeals actions and options.

 

Ms. Jackson-Amis thanked those that made Ms. Nettie Washington Douglass’ visit here wonderful. She acknowledged Mr. Phil Foster, President of Talbot County Council for his presentation of welcome on behalf of the Council. She thanked the Town Council for the Proclamation, the Star Democrat for their attention and the public for all the support.

 

Mr. Ford reviewed important dates in the upcoming weeks for the Council.

 

EXECUTIVE SESSION

 

Upon motion by Mr. Jensen seconded by Mrs. Scott-Taylor and carried unanimously following a roll call vote, the President of the Council convened into Executive Session at 9:24 p.m. to discuss real estate.

 

 

 

 

ADJOURNMENT

 

There being no further business, upon motion by Mr. Jensen seconded by Mrs. Scott-Taylor and carried unanimously, the President of the Council adjourned the regularly scheduled meeting at 10:27 p.m.

 

______________________________________

Town Clerk