TOWN OF EASTON, MARYLAND
April 19, 2004
Councilmember Maureen Scott-Taylor Councilmember Moonyene Jackson-Amis
Also in attendance were 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.
At 7:00 p.m., the President of the Council called the meeting to order. Ms. Jackson-Amis introduced Mr. Calvin Murray, a fifth grader at St. Michaels Elementary School who led the audience in prayer and the Pledge of Allegiance.
APPROVAL OF MINUTES OF MARCH 29 AND APRIL 5, 2004 MEETINGS
Upon motion by Mr. Jensen seconded by Mr. Wendowski, minutes of the March 29 and April 5, 2004 meetings were unanimously approved.
EASTON VOLUNTEER FIRE DEPARTMENT
Mr. Michael Dickerson was present on behalf of the Easton Volunteer Fire Department with the call report. Mr. Dickerson stated that the historical bell from the old firehouse is scheduled to be removed Wednesday at 9:30 a.m. He stated that on April 20, the Easton Volunteer Fire Department will be celebrating its 196th Anniversary. Mr. Dickerson stated that they have been serving the community since 1808.
COMMENTS FROM MAYOR WILLEY
Mayor Willey asked for Council’s consideration for the appointment of Ms. Andrea Poe to the Historic District Commission.
Ms. Jackson-Amis asked that the possibility of expanding the Historic District Commission be expanded by the additional two nominees that were submitted for consideration.
Mr. Ford stated that it is worthy of consideration.
Upon motion by Mrs. Scott-Taylor, seconded by Mr. Wendowski and carried, Ms. Poe’s appointment was approved.
Mayor Willey discussed vandalism damage at North Easton Park. He stated that there is a $500 reward for the arrest and conviction for anyone caught vandalizing the park areas.
Mayor Willey discussed the letters from Talbot County regarding the annexation of West Kennedy Street, accepting Elliott Road, Chapel Road and Dutchman’s Lane. He directed the Town Engineer to address these letters.
Mayor Willey stated that during his vacation, any issues should be directed to President Ford who will be Acting Mayor during his absence.
Mr. Wendowski commented that the Town of Easton has spent $19,000 for easements for the West Kennedy Street.
MS. RACHEL EGOLF TO PRESENT THE TOWN OF EASTON THE TREE AWARD BY DEPARTMENT OF NATURAL RESOURCES
Ms. Egolf stated that she is present on behalf of National Arbor Day Foundation in cooperation with the National State Forrester’s Association and also the US Department of Agriculture. Ms. Egolf presented the Town of Easton with the Tree City USA Award. She stated that the Town of Easton has met the criteria with the help of the Tree Keepers Organization which is led by Mr. George Howie, Ms. Peg Sinclair and Ms. Libby Dawkins and Certified Arborist, Mr. Brian Hause who is in charge of the Town of Easton’s trees. She discussed the criteria of the award.
Mr. Howie recognized participants that made the award possible.
The Town Attorney arrived at 7:13 p.m.
PUBLIC HEARING FOR THE DEVELOPMENT OF DUDROW FARM
At 7:16 p.m., the President of the Council opened the public hearing to consider the application of Remco Properties, LLC (the owner/developer) for the development of a 51.5 acres mixed use PMR located north of St. Michaels Road (Maryland Route 33) and west of Maryland Route 322 (Easton Parkway). The property is presently in the Limited Commercial (CL) zoning district and includes a critical area overlay classification of resource conservation area (RCA) on a small portion which is not proposed to include any development. The request is to classify the 51.5 acre tract to PMR to accommodate a mixed use project which will include a hotel, restaurants, retail shops, office space, and a bank. The critical area zoning will remain unchanged.
Mrs. Scott-Taylor reclused herself from the public hearing and vote.
The Town Planner, Mr. Hamilton briefed on the project. He stated that the Planning and Zoning Commission has been working with the applicant for approximately two years. Mr. Hamilton stated that the Planning and Zoning Commission unanimously support the project and thinks that the Comprehensive Plan also supports the project.
Mr. Sandy McAllister was present from Miles & Stockbridge on behalf of the applicant. Mr. McAllister introduced Mr. Ryan Showalter also from Miles & Stockbridge, Mr. Michael Klemmer, owner developer; Mr. Michael Markman and Mr. and Mrs. Richard Bernstein as well as Mr. Bill Stagg from Lane Engineering.
Mr. McAllister discussed the PMR project. He stated that it will entail 51.5 acres of the Dudrow farm. Mr. McAllister chronicled the project. He distributed an updated narrative.
Mr. McAllister stated that they understand and appreciate that the Town continues to consider the application of an excise tax or an impact fee and has retained the services of a consultant to assist in that regard. He stated that they want to be a little proactive and state for the record and understand that the analysis may take some time, consideration, input, etc. Mr. McAllister stated that regardless of the outcome, the project will be responsible and go on record as acknowledging its responsibility to pay for any and all impact fees when and how applied.
Mr. Bill Stagg, Lane Engineering discussed the land planning and site planning issues as it relates to the project. He stated that the specific project is a PMR on 51+ acres of the Dudrow Farm. He discussed the overall farm which he stated is 163 acres. Mr. Stagg discussed open space areas which he stated is a 54 acre forested area which will be preserved. He stated that 69.5 acres will be considered for development which is about 43% of the overall site. He discussed points of connection to the project. Mr. Stagg discussed how the framework for this land plan can contribute to the overall town benefit and have a western end to Easton’s commercial core. Mr. Stagg stated that this development should relate to commercial development on the east side of town where the WalMart and Giant are located. He discussed a major road connector that would connect St. Michaels Road with Marlboro Road which would be the western side of this east/west connector road which would link both sides of town. Mr. Stagg stated that there are four outlet points for this project. He discussed the storm water management concept for this project whereby they are managing the storm water in small bite size chunks where it can be treated in their system and be released to the tidal waters of the Tred Avon. He displayed proposed buildings.
Mr. Stagg stated that their proposal is a series of buildings in a campus style with one large building footprint in the middle of the site plan. He stated that they are building flexibility in this plan to realize opportunities they have not thought of yet. Mr. Stagg stated that there will be opportunities for people to get to the edge of the marsh on boardwalks and trail connections that will take you through the project. He discussed proposed service uses. Mr. Stagg stated that 55% of the project is retail, 20% hospitality oriented and second story office space. He stated that parking is at 4.25 spaces per 1,000 that is lower than standard but approved by Planning and Zoning Commission. He discussed the shared use spaces.
Mr. Stagg discussed the storm water management plan in detail. He stated that they are using a three-tiered process. They will capture the parking lot runoff and let it flow into a buyer retention area planted islands in the parking lot with various plant material. The second tier of storm water management will be taken to a creative wetland area which is an extended, long, detention cycle for that water. The third level of treatment is more of a pocket pond, open water, down low where we have enough gravity to discharge that water which has been proven to be an effective strategy. He stated that this is in excess of the requirements and sets the standard above anything else seen to date. Mr. Stagg discussed stream and vegetation buffers.
Mr. Stagg discussed traffic from this development. He stated that most of the traffic is already on the road already shopping in Easton or driving by the site to go shopping or to a restaurant elsewhere. He discussed proposed road improvements and parking plans.
Mr. Wendowski asked if a parking garage was contemplated.
Mr. Stagg stated that there is 60% open space on the site and they did not seriously contemplate a parking garage. He stated that the economics do not support a parking garage.
Mr. Jensen asked if it is fair to say that water traveling to the Tred Avon River will be better over current conditions.
Mr. Stagg stated that it is fair to say that because the land use is being changed from agricultural and replace with another land use that will be treated.
Mr. Stagg discussed the storm water runoff from the Tred Avon Center and stated that this will be an improvement.
Mr. Michael Klemmer discussed concepts behind the proposal and the goals. He stated that the Comprehensive Plan was actually his first vision that the Town had for its surrounding area. He discussed the visual location of the parcel. Mr. Klemmer stated that they have spent years planning this development. He stated that this can be created and is effective, attractive and works for the town. Mr. Klemmer stated that this project is something that we can be proud of that raises the bar for developments.
Mr. McAllister discussed Mr. Klemmer’s dedication to the community and the project’s vision. He stated that at final build out the taxes estimated equate to $320,000 per year with hundreds of jobs created.
Mr. McAllister respectfully requested approval of the PMR application.
Mr. Jensen stated that this fits in well with the east/west collector road. He stated that he is wondering if the applicants could talk to Mayor Willey specifically about the road.
Mr. McAllister stated that they have been anxious and willing to work with the Council and the Mayor in the evolution of the connector road and how it may be made more successful more quickly.
Mr. Stagg discussed the next step with the project and compliance with the Planning and Zoning Commission.
President of the Council Ford opened the public hearing for audience comments.
Mr. Tom Hughes, c/o the Talbot River Protection Association, P.O. Box 2234, Easton; stated that he is speaking on behalf of the Talbot River Protection Association. His remarks addressed only the environmental impacts of the proposal. Mr. Hughes discussed the storm water management. He asked the Council to pay particular attention to the details of this plan particularly the buyer retention areas. He suggested a binding maintenance agreement on the present and future owners to ensure proper maintenance of all the features of the storm water plan. He also suggested snow removal techniques and suggested not piling snow over the drains.
Mr. Tom Alspach speaking on behalf of Talbot Preservation Alliance endorsed Mr. Hughes comments. He commended Mr. Klemmer for the open way he has talked informally about this project as it has evolved. He discussed the economic impact with the retail portion of this project. He stated that a project like this is somewhat down the list on priorities in the Comprehensive Plan. Mr. Alspach stated that they would like to see the developer reconsider how much of this project is being devoted to retail and particular have this Council look at the impact of this project in downtown Easton. He discussed the legal framework of the PMR. Mr. Alspach stated that they would like to know a little bit more about what is proposed for the retail stores. He discussed the infrastructure and the east/west connector road. Mr. Alspach stated that he will submit additional comments in writing.
Mr. Jensen asked if the applicant has traffic generation from this site. He asked them to make it available to the Town Engineer. Mr. Stagg stated that it had been submitted six to eight months ago.
Mr. Roger Bollman, 221 S. Hanson Street stated that he has two observations and one questions. He discussed hotel concerns and the impact on the downtown and how it fits with the Tidewater Inn. He asked for an independent marketing study to explain exactly what the hotel dynamics are in the area. Mr. Bollman stated that his second concern is that this is the last chance to get the east/connector right and he hopes that as much time as needed is taken to compliment the needs throughout the area. Mr. Bollman questioned Mr. Stagg about storm water management techniques going to be in place before construction is started?
Mr. Stagg stated that some will be in place; some management techniques will be handled in separate structures. He stated that a much larger pit may be dug during construction to control sediment and then excavate that and restore it back to a buyer retention or some sort of wetland marsh.
Ms. Catherine Poe, 25914 Miles Haven Road, Newcomb stated that she shops in Easton. Ms. Poe discussed Staples and its comparison to Rowens’. She stated that many residents of the community have to travel across the bridge to get things they would like to have here. She asked what retailers have been contacted.
Mr. Klemmer discussed prospective retailers. He stated that there are many interested in this area and a unique opportunity for the town.
Mr. Wendowski stated that there are not enough people in Easton to support a shopping center of that size so obviously, the developer is going for a regional market.
Mr. Jensen discussed capturing a portion of the regional market.
Mr. Klemmer discussed a recent survey and stated that the findings show that 43% do at least half of their shopping somewhere else.
Ms. Jackson-Amis stated that she is impressed with the presentation and it seems that every aspect has been covered with the exception of no mention for funds for affordable housing. She suggested a contribution and an interactive museum.
Ms. Libby Dawkins, 11 N. Thorogood Lane stated that she is thankful that a citizen of this county has contributed time and money to come up with a project such as this. She discussed customers’ desire for a much wider choice.
Ms. Jackson-Amis clarified that she is not suggesting affordable housing on that parcel but there is a fund where contributions can be made for developing new homes or refurbishing or rehabilitating existing properties.
Mr. Warren Clem, 3 Papermill, stated that he owns and operates a business on Brooks Drive. Mr. Clem stated that he thinks this is a wonderful use for this parcel. He stated that he thinks this is a very responsible developer and the Town should take advantage of this opportunity.
There being no further comments, at 8:45 p.m., the President of the Council closed the public hearing. He stated that he would leave the hearing open for written comments until close of business April 30 and will continue the public hearing at the May 3 meeting where the applicants can be addressed.
RECESS MEETING
The President of the Council recessed the meeting for a short break.
Mrs. Scott-Taylor rejoined the meeting at 8:49 p.m.
RECONVENE MEETING
The President of the Council reconvened the meeting at 8:49 p.m.
RESOLUTION NO. 5826 AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE BY THE TOWN OF EASTON, PURSUANT TO THE MD ECONOMIC DEVELOPMENT REVENUE BOND ACT, AS ITS LIMITED OBLIGATIONS AND NOT UPON ITS FAITH AND CREDIT OR PLEDGE OF ITS TAXING POWER, OF ONE OR MORE SERIES OF ITS BONDS (AS DEFINED IN SUCH ACT) IN AN AMOUNT NOT TO EXCEED $20,000,000 FOR THE ACQUISITION BY EMA/WHM ACQUISITION, OF A CERTAIN FACILITY KNOWN AS WILLIAM HILL MANOR AS CONDUIT DEBT.
Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried, Resolution No. 5826 was unanimously approved.
REQUEST FROM MS. CHRISTINA MILLS FOR SIGNAGE REQUEST FOR 11TH ANNUAL CHARITY ANTIQUE SHOW AND SALE
Ms. Mills stated that the request is for a No Parking Zone on Talbot Lane behind the Waterfowl Festival building for dealers to be able to unload on April 22 and April 23 during the day and Sunday evening on April 25 after 5:00 p.m.
Chief Harvey suggested a letter of request and stated that they will be happy to take care of it.
Ms. Jackson-Amis discussed her concern for residents that need to get in and out of their home and need to utilize their parking spaces.
Ms. Mills stated that she had spoken with some residents.
Mr. Ford stated that if there is any inconvenience, it needs to be borne by the exhibitors and not the residents.
Ms. Mills requested permission to put up arrow signs showing people how to get to the Waterfowl Festival building. She stated that the signs will go up Friday and be taken down Sunday.
Upon motion by Mr. Jensen seconded by Mr. Wendowski, permission was granted.
ITEMS BY CHIEF OF POLICE
Chief Harvey asked for approval for the following requests:
Upon motion by Mrs. Scott-Taylor seconded by Mr. Jensen, Chief Harvey’s recommendations for requests were unanimously approved except for the two hour parking considerations on May 2 through May 7.
Chief Harvey asked the council members to contact the church regarding the request for two-hour parking considerations May 2 through May 7.
Mr. Wendowski questioned Chief Harvey about left hand turns on Parkway and Port Street. He stated that there are people slipping by on the right.
Chief Harvey stated that discussions have been taking place with the Town Engineer and State Highway Administration at that intersection. He stated that they are still looking at the situation.
Chief Harvey departed the meeting at 9:00 p.m.
ITEMS BY THE TOWN ENGINEER
The Town Engineer, Mr. Glass updated on the million gallon tank construction at the South Clifton neighborhood.
The Town Engineer recognized public works employees for their hard work to get North Easton Park ready for Little League Opening Day. He stated that Brian Hause, Mike Dickerson, Timmy Lyons and various groups of the crews installed storm drain system to handle a lot of the runoff and worked hard to get the fields dressed. The Town Engineer recognized R.L. Ewing and specifically Basil Harrison who helped to get the area paved on a last minutes notice.
Mr. Glass stated that the skate board park’s plans have been submitted to the Planning and Zoning Commission who voted to approve the site plan. He stated that they are waiting for permits.
Mr. Glass discussed the progress of Easton Utilities’ wastewater treatment facility. He stated that the Maryland Department of the Environment mandates’ that they hold a public hearing for a NPDES (National Pollutant Discharge Elimination System) permits.
The President of the Council discussed the east/west connector road. He stated that the Police Board meeting at 6:00 p.m. prior to the next regularly scheduled Council meeting. He asked the Town Engineer to update the Council on the east/west connector road prior to the next Council meeting at 6:30 p.m.
Ms. Jackson-Amis discussed Mayor Willey’s meeting with Mr. and Mrs. Watkins at 611 E. Dover Street. Ms. Jackson-Amis asked the Town Engineer when he thought the legal documents would be completed to go on the property next door.
Mr. Gruber stated that they have received a verbal acceptance of the concept from the Easton Housing Authority’s Board of Directors. He stated that they are waiting for something official from DHCD to begin work.
Ms. Jackson-Amis asked Mr. Kehoe to have something done so that water is diverted from the Watkins’ property. She asked for an update in seven days.
ITEMS BY THE TOWN PLANNER
The Town Planner, Mr. Hamilton discussed the Planning and Zoning Commission’s agenda.
He stated that they hope to also work on the new Zoning Ordinance.
Mr. Wendowski discussed the Brant Court extension of their PUD.
ITEMS BY THE TOWN ATTORNEY
The Town Attorney, Mr. Kehoe stated that representatives of the Town and other municipalities approached the Talbot County Council last week to obtain a time for a meeting with them regarding impact fees and development excise tax. He stated that it is tentatively scheduled for April 27 at 3:00 p.m.
The President of the Council discussed time concerns. He stated that comments be forwarded to the Town Attorney.
ITEMS FROM THE ECONOMIC DEVELOPMENT COORDINATOR
Mr. Bond had two items. He asked for an Executive Session regarding real estate.
Mr. Bond updated on the Hawkes Hill Road CDB Grant Application. He stated that they have not received all the surveys yet and it is very probable that they will not meet the deadline. Mr. Bond stated that the neighborhood does not support a special taxing district.
RESOLUTION NO. 5827 AUTHORIZING THE MAYOR AND TOWN CLERK TO EXECUTE NECESSARY DOCUMENTS TO IMPLEMENT A FLEXIBLE SPENDING ACCOUNT PLAN FOR EMPLOYEES OF THE TOWN OF EASTON AND THE EASTON UTILITIES COMMISSION
Mayor Willey stated that it allows employees to put a certain amount of tax deferred dollars in an account to cover medical expenses in the upcoming year.
Upon motion by Ms. Jackson-Amis seconded by Mr. Jensen, Resolution No. 5827 was unanimously approved.
DISCUSSION OF ARCHITECTURAL STANDARDS
Mr. Jensen discussed a proposal regarding architectural standards included for the Council’s consideration. He discussed the history of his concerns. Mr. Jensen discussed how the proposal would be implemented.
Ms. Jackson-Amis asked why an expert would be commissioned for this purpose. She discussed her concerns with the process.
Mr. Jensen stated that this would be a way to get a professional, independent, opinion but not paid for by the Town on the architecture of a project.
Ms. Jackson-Amis stated that she is worried about adding more levels of bureaucracy where it is perhaps not needed.
Mr. Hamilton discussed creating guidelines to have in place to give developers. He stated that the Planning and Zoning Commission has been asking for a system such as this for a long time.
Mr. Jensen asked the Council to send this proposal to the Planning and Zoning Commission for a formal review.
The President of the Council stated that he shares Ms. Jackson-Amis’ concerns regarding further review. He stated that he would like to hear from the Planning and Zoning Commission and ask them what they want. Mr. Ford stated that when applying fees to future development, there are a lot of things to consider. He stated that he supports forwarding this to the Planning and Zoning Commission for further review.
Mr. Wendowski discussed having an architect on the Planning and Zoning Commission. He made a motion to forward this for Planning and Zoning Commission’s comments seconded by Mrs. Jackson-Amis.
Mrs. Scott-Taylor stated that her two concerns are the costs and the potential to adding time to the already lengthy process that is viewed by many of the developers as cumbersome. She questioned if the architect doing the review would be someone contracted by the Town.
Mr. Jensen stated that it would be a pool of architects.
The Town Attorney stated that having and developing architectural standards will speed the application process and make it easier for developers.
Ms. Jackson-Amis asked that it be forwarded to the Planning and Zoning Commission with the concerns raised by the Council.
It was unanimously carried to forward Mr. Jensen’s proposal to the Planning and Zoning Commission.
REQUEST BY TALBOT COUNTY GARDEN CLUB TO PLACE SIGNS FOR TOUR SCHEDULED FOR MAY 8, 2004
Upon motion by Mr. Wendowski, seconded by Mrs. Scott-Taylor and carried unanimously, permission was granted.
LETTER FROM THE BOARD OF DIRECTORS AND RESIDENTS ASSOCIATION OF WILLIAM HILL MANOR RETIREMENT COMMUNITY REQUESTING SIDEWALK EXTENSION ON DUTCHMAN’S LANE AND IDLEWILD AVENUE
The Town Engineer discussed the request. He stated that the Town put plans together to show that it is feasible and stated that Mayor Willey has directed him to install those costs in the upcoming budget for consideration.
Mr. Glass outlined the policy for sidewalk repair for Mrs. Libby Dawkins. Ms. Dawkins asked if William Hill is responsible for their sidewalks.
Mr. Wendowski discussed the history of required sidewalks. He stated William Hill was constructed prior to the requirement which was established in 1987. Mr. Wendowski stated that all subdivisions now require the construction of sidewalks.
Mr. Ford stated that the matter will be a budget item for review.
APPROVAL OF INVOICES TOTALING $534,634.29
Mr. Jensen made a motion to approve invoices for payment.
Mr. Wendowski reiterated that almost $19,000 of the invoices are being paid with the understanding that the county will reimburse. He stated that this is being done due to the fact that the residents have a need.
Mr. Wendowski seconded the motion which was carried unanimously.
ITEMS BY MEMBERS OF THE COUNCIL
Mrs. Scott-Taylor stated that the RTC Task Force will meet April 27 at 7:00 p.m. in the Council’s chambers.
Mrs. Scott-Taylor thanked the business community, Mr. Bond and Mr. Jensen for their hard work in their attempt to bring a movie theater to downtown Easton. She thanked County Council woman Hope Harrington for her unwavering support for this project.
Ms. Jackson-Amis discussed the theater and the library. She agrees with Mrs. Scott-Taylor that the downtown has room for the theater, county offices and the library. She stated that she was one dissenting vote because she thought the amount of money was exorbitant. Ms. Jackson-Amis stated that she does not think the Town of Easton should bear the price tag for this endeavor. She stated that she thinks developers should be encouraged to purchase this site. She discussed her concern for the library at the site and stated that it is not in the best interest of the community or children. She suggested expanding the library at its current site. Ms. Jackson-Amis discussed the gas plant site.
Ms. Jackson-Amis asked the public to attend a session with the Frederick Douglass Memorial Action Coalition (Fred’s Army) at the Talbot County Public Library April 29 at 7:00 p.m. She stated that they will be asking for community input regarding the memorial at the Courthouse.
The President of the Council, Mr. Ford reviewed upcoming events.
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 10:00 p.m. to discuss real estate.
At 10:27 p.m., the President of the Council adjourned the Executive Session and reconvened the regularly scheduled meeting.
COMMENTS FROM MAYOR WILLEY
Mayor Willey discussed a letter received from Maryland Department of General Services regarding the building the Town Planner discussed. Maryland Department of General Services has asked for comments regarding this building.
Mr. Wendowski and Mrs. Scott-Taylor stated that they are not in favor of the site.
Mayor Willey discussed a work session on May 3. He asked that this be postponed so a meeting at 6:30 p.m. could be devoted to the skate board park. Mayor Willey stated asked that supervision, insurance waivers and registration at the skate park be discussed.
Ms. Jackson-Amis asked if there would be a fee. Mayor Willey stated that they are still looking at that.
ADJOURNMENT
There being no further business, upon motion by Mr. Wendowski seconded by Mrs. Scott-Taylor and carried unanimously, the President of the Council adjourned the regularly scheduled meeting at 10:30 p.m.
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Town Clerk