TOWN OF EASTON, MARYLAND
May 17, 2004
Councilmember Maureen Scott-Taylor Councilmember Moonyene Jackson-Amis
Also in attendance were Town Attorney Mr. Kehoe, Chief of Police George Harvey, Town Engineer Mr. Tim Glass, Assistant Town Engineer Mr. Joe Gruber, 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. Mr. Jensen led the audience in prayer and the Pledge of Allegiance.
APPROVAL OF MINUTES OF APRIL 29 AND MAY 3, 2004 MEETINGS
Upon motion by Mr. Jensen seconded by Mrs. Scott-Taylor, minutes of the April 29 and May 3, 2004 meetings were unanimously approved.
EASTON VOLUNTEER FIRE DEPARTMENT
The President of the Council stated that the Fire Department has a request to send Engine 63 and The Tower to the June 16 Firemen’s Parade in Ocean City.
Mr. Jensen made a motion to allow the trucks to attend the parade seconded by Mrs. Scott-Taylor and carried unanimously.
REQUEST FROM THE HOUSING AUTHORITY OF THE TOWN OF EASTON FOR SUPPORT OF NAME CHANGE TO HOUSING COMMISSION OF TALBOT COUNTY
Mr. Bibb, Executive Director, Easton Housing Authority was present to discuss the name change. Mr. Bibb requested Council’s support in the effort to change the name. He stated that the Articles of Organization do not change at the state level. Mr. Bibb stated that they have recently taken over the management of St. Michaels’ Housing Authority.
Mr. Ford asked if he needed a letter of support. Mr. Bibb stated that he did.
Ms. Jackson-Amis asked how the change overall impacts Easton. Mr. Bibb stated that it does not change anything. He discussed the Articles of Incorporation which gave the jurisdictional authority anywhere in the State of Maryland. He stated that their commitment and organizational structure to the Town of Easton has not changed.
Mrs. Scott-Taylor asked if funding from the County would change. Mr. Bibb stated that it would not.
Grants and operational purposes were discussed.
Mrs. Jackson-Amis stated that she feels there should be a clear delineation with the town’s name.
Mr. Bibb stated that he is open to suggestions.
Mr. Kehoe discussed the advantage of changing the name. He stated that there is some confusion regarding the Housing Authority being a town entity.
Mr. Ford stated that he has no objection.
Mr. Jensen stated that it makes him nervous.
Mrs. Scott-Taylor stated that she does not understand the need but if they want to do it, it is okay with her.
Ms. Jackson-Amis asked if there are any time constraints and if not, she would like to review the request.
Mr. Ford asked Mr. Bibb to make a more compelling case for a name change for the next meeting and also something in writing.
Mrs. Scott-Taylor stated that she would also like to hear from the Housing Authority Board.
COMMENTS FROM MAYOR WILLEY
Mayor Willey reminded the Council about the scheduled budget workshops.
COMMENTS FROM CHIEF OF POLICE
Chief Harvey updated the Council on the Easton Police Department activities for the month of April.
Chief Harvey stated that he has two requests.
Chief Harvey recommended approval.
Mr. Jensen made a motion to approve the picnic and the Farmer’s Market, seconded by Mrs. Jackson-Amis and carried unanimously.
COMMENTS FROM THE TOWN ENGINEER
The Town Engineer discussed the Memorial Day trash schedule.
The Town Engineer stated that the mosquito program is running and putting out larvacide.
Mr. Jensen discussed the stop sign at South Street and Harrison. Mr. Glass stated that it would be towards the end of construction and a few more weeks.
COMMENTS FROM THE TOWN ATTORNEY
The Town Attorney, Mr. Kehoe discussed a memo in the packet regarding the wastewater treatment expansion. He asked for a public hearing for a rate increase.
The Town Attorney discussed the various ways to approach the rate increase issue. He stated that one would defer the increase until 2008 which would be a significant rate upwards and the other would be to gradually increase rates over a series of time which would decrease the funding source the town would have to borrow for the project which would be a significant savings over the term of the project. He asked for Council guidance in order to prepare an ordinance.
Mr. Roberts was present on behalf of the Easton Utilities. Mr. Roberts stated that the rate increase would actually take place at the plant construction which would actually be in 2006. Mr. Roberts discussed the savings from a stepped-in increase. He discussed the possibility of a workshop to clarify the issue.
Mrs. Scott-Taylor stated that she is in favor of a workshop.
Mr. Ford stated that it is the consensus of the Council to have a workshop. He set a public hearing for the rate change for June 7, 7:45 p.m.
Mr. Roberts stated that they can do a static analysis and look at the alternatives and get that to the Council for their review.
The Town Attorney asked for an Executive Session to discuss legal matters and potentially a real estate acquisition.
COMMENTS FROM THE ECONOMIC DEVELOPMENT COORDINATOR
Mr. Bond discussed seminars sponsored through the Main Street organization. He stated that one is May 19 from 8:00 to 11 at Martini’s which is How To Make Your Local Advertising Work and May 28 from 8:00 to 10 at the Town Office titled Merchandising and Business Differentiation and are both open to the public.
MR. JON C. BURRELL, EXECUTIVE DIRECTOR, LOCAL GOVERNMENT INSURANCE TRUST TO PRESENT TOWN OF EASTON GRANT FOR EASTON POLICE DEPARTMENT TRAINING
Mr. Burrell was present on behalf of Local Government Insurance Trust. He disseminated information to the Council which shows what Local Government Insurance Trust offers to its members. Mr. Burrell discussed the training grant programs. He stated that the grant was from an application by Captain
Spencer in the Police Department for training that will educate six officers in the basic fundamentals of drug investigation and provide them with procedures and relevant laws in terms of court cases relative to narcotics investigations. He presented the check to the Town of Easton.
MRS. ISIS DRAKES WILSON, PRESIDENT OF KWANZAA FOUNDATION AND REPRESENTATIVES OF THE FREDERICK DOUGLASS MEMORIAL ACTION COALITION/FRED’S ARMY (MRS. CAROL MINARICK AND MR. LAMAR WILSON, CURATOR – BANNECKER-DOUGLASS MUSEUM) TO ADDRESS COUNCIL REGARDING PLANNED JUNETEENTH CELEBRATION IN EASTON
Mrs. Wilson was present to discuss supporting Fred’s Army and the Juneteenth celebration which is the celebration of Africans that were not totally free for two years after the Emancipation Proclamation. She invited everyone to the celebration on June 18 at Bethel AME church.
Mrs. Wilson stated that Kwanzaa is also very important to African Americans and they support the movements that help embrace their cultural and history.
Mrs. Carol Minarick discussed the importance of Easton in African American history. She discussed the approval of a memorial for a Frederick Douglass memorial in Easton.
Mr. Lamar Wilson discussed the Bannecker-Douglass Museum’s support of the Frederick Douglass Action Coalition’s efforts. He discussed the history of the Juneteenth celebration. He applauded the Council for their efforts.
Ms. Jackson-Amis stated that they are asking the listening audience to join them and come in costume for that period.
Mr. Wilson discussed Brown v. Board.
Ms. Jackson-Amis thanked Mr. Wilson and Mrs. Wilson for their participation and Mrs. Minarick for her efforts. She stated that if more information is needed, questions can be directed to FredsArmy@yahoo.com .
RTC TASK FORCE TO MAKE PRESENTATION ON PROPOSALS FOR RTC PARK
Mr. Morse, Director of Parks and Recreation for the Town of Easton was present on behalf of the citizens’ Task Force for the RTC property. He recognized Ms. Libby Dawkins, Mrs. Peggy Ford, Ms. Gretchen Guthrie, Ms. Ginger Howell, Mr. Frank Jones, Ms. Michelle Osbourne, Ms. Terry Phillips, Mr. Bill Stagg, Mrs. Maureen Scott-Taylor and Mr. Joe Tito as well as himself.
Mr. Morse discussed the Task Force’s overview of the site and the project as well as the visions that have been developed.
Mr. Stagg discussed the property and the location. He stated that it could work as a regional park site with larger access roads. Mr. Stagg discussed their vision for their park and the potential uses for this property. He discussed the ideas as follows: 1) a pond area with a living classroom; 2) open space for passive recreation experiences; 3) nature trails that might connect venues; 4) children’s garden with a playground; 5) dog friendly park with an off-leash area; 6) sensory garden for special needs citizens; 7) outdoor concert pavilion for outdoor pavilions; 8) arboretum; 9) picnic areas with bar-b-que grills; 10) police substation in the park; 11) tennis courts; 12) new name for this property other than RTC property that gives the property identity that is appropriate.
Mr. Stagg stated that their recommendations are contingent upon other plans that may be in the future for the property. He stated that they are waiting for direction from the Council if the Task Force should do more.
Ms. Jackson-Amis discussed the conception of a neighborhood park.
Mr. Stagg stated that if it is going to be more of a regional park, we have to find some way to get folks to it easily as it has limited potential in terms of access.
Ms. Jackson-Amis asked for clarification regarding the sensory garden.
Ms. Peggy Ford discussed a toddler park with specific playground age related equipment.
Ms. Jackson-Amis discussed her desire to see an interruptive museum that deals with the culture of this area.
Mr. Stagg stated that he feels that should be downtown with organized pedestrian activity with outside exhibits.
Mrs. Scott-Taylor discussed the interpretive museum and stated that they are in favor of that type of experience.
Ms. Jackson-Amis asked that this concept be put back on the table.
Mayor Willey thanked the committee for their time on this project. He stated that it should be the Council’s responsibility to firm up the details concerning the Chapel Farms development, the east/west connector road and the storm water management pond then get back to the committee.
MS. JUDY LOSCOMB AND MR. LARRY ALBRIGHT TO ADDRESS COUNCIL ENDORSING THEATER PROJECT.
Mr. Larry Albright, a resident and business owner stated that he is present on behalf of many business owners to tell the officials that they want the theater and retail project at 142 N. Harrison Street pursued. He asked the Council to be proactive with this project. He discussed a petition with community support and stated that they will address the County Council along with the Town Council when a plan of action is determined.
Various downtown business owners introduced themselves expressing their support for the theater project.
Ms. Jackson-Amis asked if this group had addressed the County Council.
Mr. Albright stated that they want to address the County Council but they want to go with the Town Council supporting their effort.
Mr. Ford discussed the history of the library discussion with the County Council and interactions with the County.
Ms. Judy Loscomb, Pinehurst Circle addressed the Council and stated that she strongly supports Mr. Albright’s statement. She discussed negotiations with the Town and County Council. She stated as Vice Chairman of the Chamber of Commerce, they also want to see the Town and County open these negotiations again. She discussed impacts of retail development in the downtown.
Mr. Jensen discussed a previous desire for a public hearing.
Ms. Jackson-Amis discussed the private sector pursuing the theater project.
Mrs. Scott-Taylor stated that those in the majority will do everything in their power to open the door to negotiations.
Mr. Ford read comments for the record e-mailed from Mr. Wendowski which were as follows:
“To the concerned Easton business representatives present tonight and those who could not make the meeting:
I am fully supportive of a commercial entity in place of the current Harrison Street county offices, as both councils share equal responsibility in enhancing the viability of downtown Easton. The time of finger pointing and newspaper negotiation is long past and benefits no one while actually harming all of us.
To achieve this end, I am recommending that a task force comprised of 2 members from each council, 2 members from the business community and an outside professional facilitator be assembled to work out a solution that is in the best interest of all parties.”
MS. DEBORAH DODSON, TOURISM DIRECTOR FOR TALBOT COUNTY TO ADDRESS COUNCIL REGARDING TOURISM ACTIVITIES
Ms. Dodson discussed the Accommodation Tax generated in the Town of Easton. She discussed tourism activities and stated that they need financial help and support to continue their hospitality industry. She stated that she cannot think of any better location for the Talbot County Visitors’ Center than their present location. Ms. Dodson expressed her gratitude.
PUBLIC HEARING TO DISCUSS PROPOSED AMENDMENTS TO THE TOWN’S ZONING ORDINANCE TO REVISE SECTION 608.2A.(13)n. MAXIMUM SIZE OF MAJOR RETAIL STORES. PROPOSED AMENDMENT WOULD EXEMPT EXISTING STORES WITHIN SHOPPING CENTERS OR THE EXPANSION OF EXISTING SHOPPING CENTERS FROM THE 65,000 SQUARE FOOT CAP.
The Town Planner, Mr. Hamilton discussed the proposed amendment. He stated that the approval process will not be eliminated but the cap will. Mr. Hamilton read the proposed amended language which stated that no structure shall exceed 65,000 feet in gross floor area. This provision shall not apply for projects which involve the expansion of individual stores within an existing shopping center or the redevelopment of an existing shopping center or the expansion of an existing center on abutting sites. He stated that language had been dropped which says that you measure out side display areas as part of that measure.
Mr. Hamilton stated that this recommendation had been sent forward to the Council by the Planning and Zoning Commission.
Mr. Jensen questioned the process for an existing business to expand exceeding 65,000 square feet. He asked if this application would need Council approval. Mr. Hamilton stated that it would first go to the Planning and Zoning Commission who would review it and a recommendation would be sent to the Town Council to hold a public hearing. He stated that it would be an amendment to that zone; that classification.
Mr. Jensen asked if this is envisioned by the Planning office to be a final move in the major retail issue.
Mr. Hamilton discussed the language that states “abutting.” He discussed the approval of the Dudrow Farm shopping center. Mr. Hamilton stated that the Planning Commission’s vote for this amendment was four to one and the one vote wanted to eliminate the cap entirely.
Discussion of an overlay zone versus a PMR was discussed.
Mr. Jensen questioned the difficulty in mapping an overlay zone.
Mr. Kehoe, the Town Attorney explained that overlay zones in Maryland refer to a process by which the final zoning decision rests with the local legislators, i.e., the Town Council and is decided on a case by case basis. He stated that overlay zones are not mapped in advance. Mr. Kehoe stated that shifting around of the zoning boundaries of the town’s zoning map is normally done as part of the Comprehensive Zoning or re-zoning process which we are half-way through. He discussed the comprehensive process. Mr. Kehoe stated that the courts in Maryland and the legislature in Maryland have emphasized is that if changes are done comprehensively on a town wide basis, the judgment, the discretion and decisions of the legislative body are afforded much more weight and are given much more validity than if they are done on an individual basis. He stated that it makes a lot more sense if you want to change the zoning classification on individual sites, to do it on a town wide basis at once as opposed to doing it on an ad hoc property by property basis.
Ms. Jackson-Amis asked if we voted on this change, Dudrow could not build its center more than 65,000 square feet.
Mr. Kehoe stated that the Dudrow Farm applicants could not have an individual store over 65,000 square feet although they could ask for an amendment.
Mr. Kehoe discussed Ms. Jackson-Amis’ concerns regarding a project with a store in excess of 65,000 square feet.
Mr. Hamilton stated that the Planning Commission discussed putting a date in saying that a shopping center approved by a certain date can apply for an amendment.
Mr. Ford stated that he is not comfortable lifting the cap completely. He stated that if this is the first step to allow existing stores and existing centers to get bigger if they want to where they certainly can’t because the cap is in place, then we should take it and keep going, then the next step is to identify those areas in the town where we want the expansion planned major retail to occur then this could conceivably include the Dudrow Farm property.
Mr. Ford asked for public comment.
Mr. Thomas Alspach, Talbot Preservation Alliance, stated that he found it odd that this issue is not recognized as being just as significant for the vitality and viability of the future of downtown Easton is the presence or absence of the movie theater or the tourism concerns. He stated that he has a procedural question then a comment on the substance of these proposed amendment. Mr. Alspach’s procedural question is that it is very clear that any amendment to permit a store in excess of 65,000 square feet under this proposal would in fact have to come back to this council and would not be just approved at the Planning Commission level.
Mr. Alspach’s second procedural question is that in approving a proposal to increase a store beyond 65,000 square feet, one going to 135,000 square feet such as the proposed Lowe’s or Home Depot. Mr. Alspach asked if it is permissible under the current language in the ordinance for the Council to additionally require that there be some plan or strategy in place for what will become of that huge structure if the store is at one time vacated.
The Town Attorney stated that he thinks that the ordinance now addresses that because one of the factors that the Council can consider in deciding to grant or deny a Planned Major Retail application, is the extent to which the project either contributes to or detracts from, stated in the ordinance as sound and sustainable economic development which includes the problems created by large vacant buildings.
Mr. Alspach stated that he assumes that the Council can also look at how businesses can be accommodated that want to expand that are already in town without essentially opening the flood gates to anything and everything.
Mr. Alspach discussed Talbot Preservation Alliance’s efforts to resist Home Depot in Easton. Mr. Alspach discussed the impact of development on infrastructure. He urged the Council when looking at this legislation to think carefully about the consequences it could bring that go far beyond competition between one business and the next.
Mr. Tom Hughes stated that he understands the principal of what the Council is trying to accomplish here and he thinks it is a good idea. He stated that what he is nervous about is messing with the cap. Mr. Hughes stated that he hopes whatever is done in this regards to changing the Zoning Ordinance, that whatever is done is bullet proof because he thinks there will be an army of attorneys trying to find a hole in it. He also supports having proposals come before the Town Council with the burden of proof upon the developer why they need to make their store bigger. Mr. Hughes stated that he thinks it a good idea to make the developer pay for an independent market capacity study. He stated that it is the Council’s responsibility only to this town and county with no responsibility to become a regional shopping meca.
Mr. Stagg, representing Remco Properties, the developers of the Dudrow farm stated that he is not confused over the legislation as written. He stated that they are wondering if combining the first two steps if it is the intention to allow the Dudrow farm the opportunity to ask for a store larger than 65,000 square feet to go ahead and change the language in legislation to say something to the effect that any approved PMR or existing shopping center has the ability to come back and ask the Planning Commission and the Council to consider a store larger than 65,000 square feet. He stated that it makes him nervous to talk about multiple steps due to the fact that he does not know when the next step is going to come.
Mr. Ford stated that if the Council is inclined to do that, your language would perhaps allow that to happen but how does it prevent it from if indeed we are by law required to handle zoning the same across the board within a jurisdiction; how do you include Dudrow in this proposed language without also including a farm field on the other side of Route 50.
Mr. Stagg stated that you simply add that it can occur in an improved PMR District.
Mr. Ford stated that he would rather at this point create legislation that would incentivise existing commercial centers to be able to be revitalized. He stated that he would like to find a way to include Dudrow in that but he would not be interested in including Dudrow in that if it also included a farm field on the other side of Route 50.
At 9:46 p.m., the President of the Council closed the public hearing. He stated that the record would be kept open for written comments until the end of the business day on Friday.
RECESS
The President of the Council recessed the regularly scheduled meeting for a three minute break.
RECONVENE
At 9:51 p.m., the President of the Council reconvened the regularly scheduled Council meeting.
ORDINANCE NO. 471, “AN ORDINANCE OF THE TOWN OF EASTON AMENDING SECTION 608.2, OF THE TOWN OF EASTON COMPREHENSIVE ZONING ORDINANCE (CHAPTER 28 OF THE EASTON CODE) ELIMINATING 608.2,(13),N.
The President of the Council introduced Ordinance No. 471 for a first reading.
ORDINANCE NO. 472, “AN ORDINANCE OF THE TOWN OF EASTON GRANTING THE APPLICATION OF REMCO PROPERTIES, LLC FOR ESTABLISHMENT OF A PLANNED MAJOR RETAIL (“PMR”) ZONING DISTRICT UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE.”
The President of the Council introduced Ordinance No. 472 for a first reading.
CONSENSUS ON THE REQUEST OF BILL STAGG ON BEHALF OF BROOKWOOD INVESTMENTS. THE PROPOSED PROJECT IS A FOUR (4) UNIT RESIDENTIAL PUD SUBDIVISION. THE PROJECT IS PROPOSED FOR LOT 13 GENERALLY LOCATED AT THE CUL-DE-SAC END OF BROOKWOOD AVENUE.
Mr. Jensen stated that he is in support of this PUD.
Mrs. Scott-Taylor agreed.
Mr. Ford agreed as well but would like to have the developer share in a small part of the potential development of the rails-to-trails since their property does abut that and he would ask if the developer is amenable to contributing $5,000 towards the construction of the rails-to-trails should it be built next to that property.
Mr. Stagg stated that his clients did not give him the authority to negotiate tonight. He stated that they are willing to pay their fair share towards that effort. Mr. Stagg stated that they have concerns such as when would that money be paid as it relates to when the trail is built. Mr. Stagg stated that he is sure something can be worked out regarding when it may be appropriate to fund that project and if the $5,000 is acceptable, he will get back to the Council.
Mrs. Jackson-Amis stated that she has no comments.
DISCUSSION OF SIDEWALK DINING PROPOSAL
Mr. Ford asked if this is an ordinance that would change the Charter.
The Town Attorney stated that it would change the Code.
Mr. Ford asked if a public hearing is required.
The Town Attorney stated that it is not required but it has been the Council’s practice when amending the Town Code to hold a public hearing for comments.
Mr. Jensen suggested having a public hearing at the next meeting. He discussed Annapolis’ ordinance. Mr. Jensen asked the Council if they are in favor of starting this process.
Mr. Ford stated that it is his preference to review a proposed ordinance and have that as part of the public hearing.
Mrs. Scott-Taylor stated that she would be in favor of proposing this ordinance.
Mr. Jensen stated that he would like to suggest getting a proposal and vote on it.
Mr. Ford stated that he is suggesting that too but would like to postpone it until the second meeting in June.
The Town Attorney stated that he has a question with regard to how this ordinance would work and that is how you would measure the sidewalk. He referred to the Annapolis ordinance.
Discussion occurred regarding measuring the sidewalk.
The Town Attorney stated that he will prepare an ordinance for the next meeting.
Ms. Jackson-Amis stated that the cons should be set forth for the public for actual debate.
REQUEST FOR CLOSURE OF PORTION OF DOVER STREET FOR EASTERN SHORE CHAMBER MUSIC FESTIVAL OPENING NIGHT
The President of the Council discussed the diagram enclosed in the packet.
The Town Attorney stated that he had a discussion today with Ms. Diane Welte, the spokesperson for Eastern Shore Chamber Music Festival. The Town Attorney made comments on behalf of Ms. Welte due to her inability to be in attendance. He stated that what the Chamber Music Festival is proposing to do is to ask that the operation of the law regarding consumption of alcoholic beverages on public streets be suspended with regard to their operation or proposed function. He stated that his concern with that is that the Town Code does not have a mechanism for doing that and more importantly, once that is done for one organization, it is difficult to say to another organization that you cannot serve alcohol in the streets. Mr. Kehoe stated that this is a difficult prospect that proposes some real law enforcement concerns that could have repercussions later.
Mr. Kehoe discussed Mrs. Welte’s viewpoint.
Mrs. Scott-Taylor stated that she feels there are certain occasions where rules need to be bent as this is a controlled environment with an adult group for a specific amount of time. She stated that she is in favor of Mrs. Welte’s request providing that the street is closed well in advance with some sort of parameter with possible security to patrol that area.
Ms. Jackson-Amis stated that she does not understand how the Council can be asked to vote on breaking the law. She stated that what they want to do is exciting but not within the scope of what can be done.
Mrs. Scott-Taylor made a motion to approve Mrs. Welte’s request to close a portion of Dover Street for Eastern Shore Chamber Music Festival Opening Night and allow them to serve champagne for one hour at their event on Friday, June 11, seconded by Mr. Jensen. The request was denied with Ms. Jackson-Amis and Mr. Ford voting no.
APPROVAL OF INVOICES TOTALING $416,818.39
Upon motion by Mrs. Scott-Taylor, seconded by Mr. Jensen and carried unanimously, invoices in the amount of $416,818.39 were approved for payment.
COUNCIL COMMENTS
Ms. Jackson-Amis invited everyone to the Lincoln Park Historical Foundation, Inc. for the African American Cultural Preservation Conference in Silver Spring March 27 through March 30.
EXECUTIVE SESSION
The Town Attorney deferred the matters for Executive Session due to the late hour.
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 10:28 p.m.
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Town Clerk