TOWN OF EASTON, MARYLAND
June 21, 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. Ms. Jackson-Amis opened the meeting with prayer and led the audience in the Pledge of Allegiance.
POSTPONEMENT OF 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 65,000 SQUARE FOOT CAP
The President of the Council stated that the scheduled 7:45 p.m. public hearing would be re-scheduled for July 19 at 7:15 p.m. due to advertising inadequacies.
APPROVAL OF MINUTES OF JUNE 1 AND JUNE 7, 2004 MEETINGS
Ms. Jackson-Amis asked that the minutes be corrected as follows:
Ordinance No. 472, second paragraph and the one following; the view on the findings for the 65,000 square feet amendment.
Draft Ordinance No. 474, clarification in the fourth sentence, fourth paragraph, the question was the clarification of the use of alcohol on the streets.
Items from Council: last paragraph, six lines from bottom, the word should be unambiguous and a period after from.
Upon motion by Mr. Jensen seconded by Mrs. Scott-Taylor, the minutes were unanimously approved as corrected.
EASTON FIRE DEPARTMENT REPORT
Mr. Jamie McNeal was present on behalf of the Fire Department. He discussed the report for the month of May and updated the Council on the Easton Fire Department’s activities at the Maryland State Convention and at the Tilghman Island parade.
Mr. McNeal discussed recent problems with mulch fires.
COMMENTS BY MAYOR WILLEY
Mayor Willey stated that the radios have been ordered for the Easton Police Department.
Mayor Willey stated that the Town of Easton has accepted with regrets the resignation of Assistant Town Engineer Joe Gruber, effective July 13.
Mayor Willey presented Ms. Amy Reinick with a Proclamation for covering the Town of Easton’s Council meetings for two years while employed by the Star Democrat.
AFFORDABLE HOUSING INITIATIVES
Mr. Ford discussed recent workshops regarding affordable housing. Mr. Ford discussed his appreciation to Ms. Becky Sherblom, Executive Director, Maryland Center for Community Development and Mr. Jeff Griffith who facilitated the meetings. He stated that there will be further discussion in upcoming Council meetings in Open Session regarding this policy.
COMMENTS BY CHIEF OF POLICE
Chief Harvey introduced Patrolman Howard Maxwell, a new Town of Easton police officer that recently completed the 52nd Recruit Class at Eastern Shore Criminal Justice Academy.
Chief Harvey reported the stats for May 2004. He stated that assaults seem to be going up some.
Ms. Jackson-Amis thanked Chief Harvey for his assistance Friday.
COMMENTS FROM THE TOWN ENGINEER
The Town Engineer, Mr. Glass stated that the annual street paving was recently completed for this fiscal year. He stated that the South and Harrison Street STOP sign will be done in the next few days. Mr. Glass stated that the Public Works portion of the skate park construction will be completed within the next couple weeks including benches, trash cans, fence and the completion of the storm water management pond.
Mr. Wendowski asked the Town Engineer to look at moving street signs on Washington and Glebe Road to the traffic light.
Mr. Wendowski asked the status of the traffic lights we were going to make more pedestrian friendly. Mr. Glass stated that the study is still underway. Mr. Glass stated that they are looking for the manufacturer for the signalization computers.
COMMENTS FROM THE TOWN PLANNER
The Town Planner discussed the workshop on June 9 with the Planning Commission to begin discussions on the Zoning Ordinance. Mr. Hamilton stated that they are planning a second meeting to continue discussions.
COMMENTS FROM THE TOWN ATTORNEY
Ms. Jackson-Amis asked for an update on the 611 Dover Street property. Mr. Kehoe stated that the Housing Authority is meeting tonight with the tenants at Doverbrook to discuss the proposed project with them to get an assessment on their thoughts.
Mr. Wendowski asked the status on the Connective annexation. The Town Attorney advised that this is part of the West Glenwood annexation.
COMMENTS FROM THE ECONOMIC DEVELOPMENT COORDINATOR
Mr. Bond discussed the Independence Day Celebration in Easton. He stated that events will start at 4:00 p.m. leading throughout the afternoon. He encouraged volunteers to call the Welcome and Resource Center.
Mr. Bond asked for an Executive Session.
LETTER FROM MS. CAROLYN L. JAFFE, PRESIDENT, COMMISSIONERS OF EASTON HOUSING AUTHORITY ENDORSING EXECUTIVE DIRECTOR, EASTON HOUSING AUTHORITY’S REQUEST FOR NAME CHANGE TO HOUSING COMMISSION OF TALBOT COUNTY
Ms. Jaffe was present to discuss her letter. She stated that she likes the sound of the verbiage.
Mr. Wendowski stated that he has no problem with the name change as the new name actually reflects what they have been doing.
Ms. Jackson-Amis thanked Ms. Jaffe for clarification for her concerns. Ms. Jaffe stated that the national trend is to go to Commission versus Authority as they are changing character and broadening scope. She stated that they are not exclusively subsidized housing anymore.
Ms. Jackson-Amis stated that she has some reservations but due to her recent discussions, she has nothing further.
Mrs. Scott-Taylor stated that she is satisfied with the letter from Ms. Jaffe on behalf of the Board.
Mr. Jensen asked if they are broadening their scope, will they hire more staff and get bigger.
Ms. Jaffe stated that they need to expand their offices.
Mr. Jensen made a motion for approval of the name change seconded by Mrs. Scott-Taylor and unanimously carried.
The Town Clerk was directed to draft a letter to the Housing Authority.
MEMO FROM TOWN ATTORNEY REGARDING DOVERBROOK STORM WATER EASEMENT
Mr. Ford stated that we are waiting for the Housing Authority’s notice where they stand on this matter.
Mr. Bibb stated that he would address the storm water easement issue at the next meeting.
MEMO FROM TOWN ENGINEER REGARDING FY2004 CAPITAL BUDGET CARRY FORWARD REQUEST
Mayor Willey stated that after discussions with Mr. Glass, it is their consensus to hold this memo until the next meeting due to the fact that some of the items listed are included in the capital budget.
RESOLUTION NO. 5829, THE BUDGET FOR THE TWELVE-MONTH PERIOD FROM JUL 1, 2004
Mr. Jensen made a motion to approve Resolution No. 5829 for passage seconded by Ms. Jackson-Amis and carried unanimously following a roll call vote.
ORDINANCE NO. 473, “AN ORDINANCE TO PROVIDE FOR THE RAISING BY TAXATION THE AMOUNT NECESSARY TO PAY THE ORDINARY EXPENSES OF THE TOWN OF EASTON AND TO PROVIDE FOR THE PAYMENT OF INTEREST ON THE VARIOUS BOND ISSUES AND THE REDUCTION OF CERTAIN BONDS AND NOTES FOR THE PERIOD OF TWELVE MONTHS AND SETTING THE INTEREST AND PENALTY FOR DELINQUENT BILLS, COMMENCING ON JULY 1, 2004 AND ENDING JUNE 30, 2005
Upon motion by Mr. Jensen seconded by Mrs. Scott-Taylor and carried; Ordinance No. 473 was unanimously approved following a roll call vote.
RESOLUTION NO. 5831, “A RESOLUTION OF THE TOWN OF EASTON APPROVING AN AGREEMENT BETWEEN THE TOWN OF EASTON BY THE EASTON UTILITIES COMMISSION AND THE MARYLAND DEPARTMENT OF THE ENVIRONMENT PERTAINING TO AN ENHANCED NUTRIENT REMOVAL PROGRAM FOR THE TOWN OF EASTON WASTEWATER TREATMENT PLANT.”
Upon motion by Ms. Jackson-Amis seconded by Mr. Wendowski and carried; Resolution No. 5831 was unanimously approved following a roll call vote.
RESOLUTION NO. 5832, “A RESOLUTION OF THE TOWN OF EASTON APPROVING THE 2004 WATER SERVICE RATE AND TARIFF REVISIONS PROPOSED BY THE EASTON UTILITIES COMMISSION.”
Upon motion by Mr. Wendowski seconded by Mrs. Scott-Taylor and carried; Resolution No. 5832 was unanimously approved following a roll call vote.
RESOLUTION NO. 5833, “A RESOLUTION OF THE TOWN OF EASTON APPROVING THE 2004 WASTEWATER SERVICE RATE AND TARIFF REVISIONS PROPOSED BY THE EASTON UTILITIES COMMISSION.”
Upon motion by Mr. Wendowski seconded by Ms. Jackson-Amis and carried; Resolution No. 5833 was unanimously approved following a roll call vote.
ORDINANCE NO. 475, “AN ORDINANCE OF THE TOWN OF EASTON (THE “BORROWER”), AUTHORIZING THE ISSUANCE AND SALE OF A GENERAL OBLIGATION INSTALLMENT BOND IN THE MAXIMUM PRINCIPAL AMOUNT OF THIRTY MILLION DOLLARS ($30,000,000) PURSUANT TO THE AUTHORITY OF THE MARYLAND WATER QUALITY FINANCING ADMINISTRATION ACT (CODIFIED AS SECTIONS 9-1601 TO 9-1622, INCLUSIVE, OF THE ENVIRONMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND (1966 REPLACEMENT VOLUME AND 2003 SUPPLEMENT)), SECTIONS 31 TO 37 INCLUSIVE, OF ARTICLE 23A OF THE ANNOTATED CODE OF MARYLAND (2001 REPLACEMENT VOLUME AND 2003 SUPPLEMENT), AND SECTION 19 OF ARTICLE VI, INCLUSIVE, OF THE CHARTER OF THE TOWN OF EASTON, THE BOND, TO BE DESIGNATED “TOWN OF EASTON (EASTON UTILITIES COMMISSION) WATER QUALITY BOND”, THE NET PROCEEDS OF THE SALE THEREOF TO BE USED AND APPLIED FOR THE PUBLIC PURPOSE OF FINANCING OR REFINANCING IMPROVEMENTS TO THE WASTEWATER FACILITY DESCRIBED IN EXHIBIT A TOGETHER WITH THE ACQUISITION OF ALL NECESSARY PROPERTY RIGHTS AND EQUIPMENT, AND RELATED ARCHITECTURAL, FINANCIAL, LEGAL, PLANNING AND ENGINEERING EXPENSES; AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT BETWEEN THE BORROWER AND THE MARYLAND WATER QUALITY FINANCING ADMINISTRATION; PRESCRIBING THE FORM AND TENOR OF THE BOND AND THE TERMS AND CONDITIONS FOR THE ISSUANCE AND SALE THEREOF AT PRIVATE SALE TO THE MARYLAND WATER QUALITY FINANCING ADMINISTRATION; PROVIDING FOR THE PROMPT PAYMENT OF THE MATURING PRINCIPAL OF AND INTEREST ON THE BOND; COVENANTING TO LEVY AND COLLECT ALL TAXES NECESSARY TO PROVIDE FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BOND; PRESCRIBING THE FORM AND TENOR OF THE BOND AND THE TERMS AND CONDITIONS FOR THE ISSUANCE AND SALE THEREOF; AND GENERALLY RELATING TO THE ISSUANCE, SALE AND DELIVERY OF THE BOND.”
Mr. Ford introduced Ordinance No. 475 for a first reading.
LETTER FROM MR. JOHN ATWOOD, CHAIRMAN, PLANNING & ZONING COMMISSION REGARDING PROPOSED VACATION OF ALBERT LANE
The Town Planner, Mr. Hamilton, discussed the location of the paper lane, Albert Lane which runs from Route 50 into Commerce Street. He stated that the request is to vacate Albert Lane and a portion of Raymond Lane. Mr. Hamilton stated that the Planning Commission has worked with the Town Engineer and it is recommended to vacate these lanes. He stated that part of the approval is that they are going to grant back a utility easement at the same location.
Mr. Jensen asked the purpose. Mr. Hamilton stated that the person that owns this site would like to purchase this lot from Verizon but doesn’t want a lane in the middle of it. He stated that this makes this property a usable piece of property. Mr. Hamilton stated that we have no need for this and foresee no need in the future for this lane.
Mr. Wendowski asked for in writing, that they will move the utilities if necessary.
The Town Attorney stated that it is his understanding that there is a contract for Verizon to the sell a portion of its property to the property owner of the Southern States building.
RESOLUTION NO. 5834, “A RESOLUTION OF THE TOWN OF EASTON CLOSING “ALBERT LANE” AND “RAYMOND LANE” TWO PAPER ALLEYS LOCATED WITHIN THE TOWN AND AUTHORIZING THE CONVEYING OF THE TOWN’S INTERESTS THEREIN TO ABUTTING PROPERTY OWNERS.”
Upon motion by Mr. Jensen seconded by Mrs. Scott-Taylor, Resolution No. 5834 was approved unanimously following a roll call vote.
POSTPONEMENT OF 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 65,000 SQUARE FOOT CAP
For those that arrived at the Council meeting late, the President of the Council reiterated that the scheduled 7:45 p.m. public hearing would be re-scheduled for July 19 at 7:15 p.m. due to advertising inadequacies.
APPROVAL OF INVOICES TOTALING $405,186.47
Upon motion by Mr. Jensen seconded by Mrs. Scott-Taylor, invoices in the amount of $405,186.47 were unanimously approved for payment.
ITEMS FROM COUNCIL
Mr. Wendowski wished Mrs. Scott-Taylor a Happy Birthday tomorrow.
Ms. Jackson-Amis reported that she attended the awards ceremony honoring African American Entrepreneurs in Easton hosted by the Progressive Club. She stated that she gave greetings on behalf of the Mayor and Council.
Ms. Jackson-Amis thanked those that supported and attended the Juneteenth Program. She acknowledged the financial support of the Talbot County Arts Council.
Mr. Wendowski discussed the architectural specifications for Elm Street development.
Mr. Hamilton stated that he believes that this development will be award winning once built.
Mr. Stagg discussed architectural guidelines for the Elm Street project and stated that the concept can be used for some of the town overall standards. He stated that the Elm Street properties are a good mix of housing and the affordable unit houses have been identified. Mr. Stagg stated that they will break ground this fall and he hopes the Council will be proud of what they see.
Mr. Ford asked if there is anything to come before the Council unrelated to the Public Hearing at 8:15 p.m.
RECESS
Mr. Ford recessed the regularly scheduled meeting until 8:15 p.m.
RECONVENE
At 8:16 p.m., the President of the Council reconvened the regularly scheduled Council meeting.
PUBLIC HEARING TO CONSIDER COMMENTS ON THE PROPOSED MULTI-PLEX THEATER
At 8:16 p.m., the President of the Council opened the Public Hearing to receive comments on the proposed multiplex theater project.
Mr. Al Bond, Economic Development Director discussed the history of the project.
Mr. Bond stated that this project began when the Town was approached by a local theater operator at the time wanting to do ten-plex movie theater in the Town of Easton. He discussed the market for potential movie-goers and possible retail space should this project move forward.
Mr. Bond discussed why 142 N. Harrison Street is the most logical space with the basic parameters needed. He stated that this location is the only spot that fits all the criteria.
Mr. Bond discussed a survey with the downtown businesses regarding their business this year versus last year. He stated that retailers are being priced out of the market whereby they cannot pay rents that are comparable to other uses. He stated that there is not a large vacancy rate but the uses are changing. Mr. Bond stated that there is not enough downtown to be a shopping destination. He discussed the market feasibility study and a comprehensive solution.
Mr. Bond read a letter into the record from Mr. Chip Akridge, a Talbot County resident that is a developer. Mr. Akridge’s letter testified his support of the theater project and apologized for his inability to attend the meeting.
Mr. Bond discussed the project steps which would occur. He stated that Easton Main Street would enter into a contract with Talbot County and the Town of Easton would co-sign on that contract. He stated that Easton Main Street would issue a RFP packaging the property with potential financing for the movie project. The Town of Easton would set up a tax increment financing area and issue a TIF bond. Easton Main Street would market the project to developers. He stated that one of two things could happen. Easton Main Street could sell the contract to a winning developer prior to closing or the other option, if no developer is found for the theater project, then Easton Main Street sells the property at market rate in a traditional transaction. In either case, the developer would take over from there.
Mr. Chris Sadler, a principal with the commercial real estate brokerage and consulting firm in Oxford Commercial in Easton. He stated that he had been asked to take a look at the numbers for reasonableness. Mr. Sadler discussed his evaluation. Mr. Sadler stated that they estimate construction to be about 9.8 million dollars with a revenue income stream of approximately $450,000; offices of about $1,500,000 giving the project a rough value of about $10.5 million which gives you from a development perspective about $650,000 left to buy the land. He stated that this is not an appraisal but a market analysis.
The Town Attorney asked if the movie theater would fit into the retail category. Mr. Sadler stated that the theater would pay a different rate.
Mr. Bond stated that the point of this is to say that if we were to sell it in the market, what would it fetch and what will it cost.
Ms. Jackson-Amis discussed putting the gas plant on the table. She stated that she understood that the county wants some additional property and then the property to be bought costs more than the $950,000 and that should be made clear.
Mr. Bond stated that the developer pays the entire $950,000 by paying $650,000 in the purchase price and $300,000 by attaching the future property taxes generated by the property which would not exist if the development did not occur. Mr. Bond stated that the Town of Easton uses its borrowing capacity as a bridge but no taxpayer subsidy exists in this deal. He discussed how tax increment financing and how the TIF works.
Mr. Bond discussed the projected tax assessment and the increase in property values of surrounding properties.
The Town Attorney asked if Mr. Bond had considered the ramifications and possibility if a developer would not be interested in a special taxing district. Mr. Bond stated that he has not spoken to a developer that is not interested in this scenario. He stated that there are some other economic development tools that are associated with this project such as the National Historic Trust that is interested in using New Market Tax Credits for the movie/retail project as well as DHCD that is willing to offer technical assistance as well as alternative funding sources that may not be necessary.
The President of the Council asked the Council for questions for Mr. Bond and then questions from the audience. He stated that he will save the Council comments until the end.
Mr. Jensen asked Mr. Bond about the traffic impact from this proposal in downtown Easton.
Mr. Bond stated that this is something he has thought about. He stated that this project is near the Goldsborough corridor and there is already traffic congestion there and they do not want to send additional trips down there without removing trips on that road as well. The other egress/ingress issues can be addressed.
Mr. Jensen discussed shifting the traffic to the Marlboro Road corridor.
Mr. Jensen asked what would happen if this doesn’t happen.
Mr. Bond stated that he does not believe there will be a rapid increase in vacancies in the Town of Easton but there may be steady progression of change from one type of commercial use to office uses which has been happening for many years and will continue until the creation of critical mass or foot traffic or an anchor and this project will create both. Mr. Bond discussed anchor tenants. He discussed Easton becoming an entertainment district.
Ms. Jackson-Amis discussed the Culpepper, Virginia example.
Mr. Ford opened the floor for public comments.
Mr. Clay Mitchell, an attorney for Hoon & Associates, states that he represents Easton Premier Theaters which is Tritan Entertainment Services of Easton. He stated that his client recognizes the former owner let the facility fall in disrepair. Mr. Mitchell stated that Tritan has invested over $250,000 in the facility and substantial improvements are forthcoming. He stated that his client objects to this proposal and feels this project would be cutting his legs out from under him. Mr. Mitchell stated that his client objects not only on business grounds but also on legal grounds. He submits that the signal purpose would be void under Maryland Law. He stated that Maryland Legislature did not grant Talbot County legal authority to sell that property under its current status and under its current condition. He stated that currently, the property is fully utilized by the Talbot County Council and its administration with a current and future need for the property. Mr. Mitchell stated that 142 N. Harrison Street, owned by Talbot County, is not surplus property and the county needs that property now and into the future. He stated that unless Talbot County can deem that property surplus property and say that there is no public use for it anymore, they are illegally unable to sell the property. He cited the Maryland Annotated Code, Talbot County’s power of sale in this case, Article 25A, Section 5B. Mr. Mitchell stated that as of today, there are not facts, that would support legal conclusion that 142 N. Harrison Street is no longer needed for public use. If Talbot County did deem the property surplus, then they could sell the property. On behalf of his client and many developers, there is a dim view of local governments becoming involved in the private marketplace.
Mr. Mitchell discussed Mr. Bond’s projections on the numbers he presented. Separate and apart from the legal issues, Mr. Mitchell stated that it is his client opinion that this project could not stand on its own in the real world.
Mr. Mitchell presented comments to be entered into the record.
Mr. Paul Wenger, 11836 Guntrum Road, Kingsville, MD 21087; stated that he is opposed to the downtown project but is not opposed to the revitalization of the downtown. Mr. Wenger stated that he has 25 years of experience in the theater business; primarily in market analysis, construction, management and ownership. He has looked at the proposal of the downtown project. Mr. Wenger discussed his meeting with Mr. Bond. Mr. Wenger discussed his take over of the Easton theater at Tred Avon. He stated that since taking over six months ago, he has renovated the lobby, auditoriums one and two, the booth equipment and changed management and staff. Mr. Wenger stated that he had not been welcomed by any town officials and only had a visit from one council member. He discussed his affiliations with other theaters. Mr. Wenger stated that he views this proposal as highly risky. He discussed the attendance and what the Motion Picture Association predicts. He stated that he thinks the traffic and parking issues are being overlooked and ignored. Mr. Wenger appealed to the Town and stated that he thinks this is a bad idea. Mr. Wenger stated that Easton is a one print town. He discussed showing of numbers and allocations.
Mrs. Scott-Taylor asked if there would be a print conflict if a theater was built in Kent Island. Mr. Wenger stated that there would not because there is too much distance between the theaters; they would be considered a separate, distinct market. Mr. Wenger stated that he has no interest in moving to the multi-plex theater.
Mr. Kehoe stated that one of the Council’s concerns is that while another theater could come into a nearby area; how large is the market area for purposes of this analysis. Mr. Wenger stated that Cambridge is considered a separate market and many of the same films that play in Easton play in Cambridge. He stated that eight to ten miles is typically what they look at.
Ms. Jackson-Amis asked if the film companies would service the new multi-plex with first run movies or the existing theater. Mr. Wenger stated that the film companies look at where they can best generate income although precedent has been set and Tred Avon is entitled to the allocation of films.
Mr. Dennis Daniels, 994 Welda Drive, Westminster, Maryland; Executive Vice President of RC Theaters stated that he is here on behalf of Mr. Scott Cohen who used to own the previous theater who is looking at this project. Mr. Daniels stated that the film studios will choose where they want to put their product. He stated that they usually take the most modern facility. Mr. Daniels stated that big pictures are playing in theaters now two or three miles apart. He stated that this new theater will get product and that will not be a problem.
Ms. Jackson-Amis asked Mr. Daniels if he agrees that the impact of two theaters running movies would diminish the economic return that is projected for the new theater.
Mr. Daniels stated that he does disagree. He stated that the new theater with stadium seating and all the amenities would be where the movie companies choose the films to go. Mr. Daniels stated that they are interested in managing this theater but would not be the property owner.
Mr. Ford asked if RC Theaters is interested in going forward with this project.
Mr. Daniels stated that RC Theaters is very interested in managing the theater on behalf of the proposed owner, Mr. Cohen. He stated that they would be a management company.
Mr. John Chandonay, 117 Goldsborough Street, owns the John Robert Fountain House since 1854 and plan to keep it forever. He stated that they are worried and wants the Council to turn this project down due to traffic concerns, lights, parking and for the consideration of the new owner of the theater at Tred Avon. Mr. Chandonay stated that he does not think that the Council should put the citizens’ money on the line. He discussed his concerns with traffic using Goldsborough Street. Mr. Chandonay stated that if there is enough money to do this, why don’t we build a police station or give the Town Engineer money for water and sewer, do the streets better or help some of the kids. Mr. Chandonay stated that the existing businesses will not be saved by a theater. He asked the Council to do the things they were voted in to do. He discussed the impact of the proposed theater to the neighborhood.
Ms. Harriet Claggett, 111 Turner’s Lane, stated that she is deeply affected by the thought of a movie theater out her door. She discussed the current traffic that avoids the light at Goldsborough Street. She thinks that there are many possibilities other than a movie theater to draw retail traffic. Ms. Claggett discussed the possibility of a specialty retail store and farmer’s market to stroll through. She urged original thinking and asked the Council to consider other forms of entertainment.
Ms. Jackie Stork, 109 Goldsborough Street, discussed flooding that occurs anytime there is a significant rainfall. She stated that she had been told that Easton did not have the money to fix the storm drainage problems. Ms. Stork stated that there is currently gravel and if they are paved over, she will have permanent water problems. She stated that it is not fair to ignore the infrastructure problems that have been apparent for years.
Ms. Debbie Tangires, 111 Goldsborough Street, stated that she is new to town and invested money on a home on Goldsborough and Turner Lane. She stated that she would not be happy about looking at a theater from her home. Ms. Tangires stated that she supports the businesses but thinks there are other options. She discussed a book her sister has written concerning public markets and civic culture. Ms. Tangires asked the Council to think about the community.
Mr. Wesley Geib, 8488 Black Dog Alley, stated that he is a property manager in the Town of Easton and has a concern with commercial real estate. He stated that the proposed building of 80,000 square feet is about the same size from Lowe’s to the Food Lion as well as accommodating parking. He stated that he does not believe the Town should be involved in commercial development. Mr. Geib stated that he does not understand how more retail will benefit from the proposal.
Mr. Bond clarified that 80,000 square foot model was used for putting a value on the property and is not actually the square footage of this as it is drawn.
Mr. Stephen T. Gordon, 8905 Willis Drive, Easton; stated that he had entered into negotiations to lease property at Tred Avon Shopping Center to build a fun family-style restaurant serving three meals a day, employing 30 to 35 people. He stated that one of the incremental things that caused him to go forward with this lease was to buy out of that movie theater. He stated that he made a commitment to the center if they could improve and remodel that theater; he would put a compatible restaurant there to go along with it. Mr. Gordon stated that we need to support Mr. Wenger and his project. Mr. Gordon stated that he is here to support Mr. Wenger 100% and support his business moving forward.
Mr. Paul Mitchell, 10096 Red Run Boulevard, Owings Mills, Maryland; Senior Vice President with Erwin L. Greenberg & Associates that developed Tred Avon Shopping Center in the 70’s. He stated that he has been in commercial real estate for 20 years and very embarrassed by the operation of the Tred Avon theater when they took back the management about five years ago. He stated that they ultimately bought that operator out of their lease. He stated that they know Paul Wenger and Tritan Entertainment and have worked with him for about 10 years and they are proud that they have a small town operator with a commitment on his part with their effort as well to turn Tred Avon around. Mr. Mitchell stated that it is becoming the movie theater that they are proud of but is an asset to the Town of Easton. Mr. Mitchell discussed the movie theater industry.
Ms. Libby Dawkins, 11 N. Thoroughgood Lane, Easton; stated that she would like to see everyone reflect on the history of the Town of Easton, especially money. She discussed the history of the Avalon Theater and trying to sell that property. She urged everyone to get the cost of the Avalon Theater including donating services of the town and what it was actually sold for. She discussed drainage issues near her residence. Ms. Dawkins questioned the amount of required parking spaces for the project. Discussion occurred regarding personal property taxes. Mayor Willey stated that approximately $500,000 in taxes was lost when Black & Decker closed.
Ms. Nancy Chandonay, 117 Goldsborough Street, stated that she feels sorry for Mr. Wenger and questioned what it says for future businesses coming to Easton. She asked the Council to consider their reputation. Ms. Chandonay expressed her concern for traffic should the new theater be built. She discussed helping the police department.
Mr. John Dodson, 42 E. Dover Street, stated that he could use the foot traffic in Easton. Mr. Dodson discussed the theater in Culpepper, Virginia and properties he owns near there. He discussed Culpepper’s two theaters and stated that he thinks both places will survive.
Ms. Jackson-Amis asked for the correlation on the improvement of the stores around the theater and the direct relationship.
Mr. Dodson discussed a business that didn’t open before and now is a restaurant with a booming business near the new theater. Mr. Dodson stated that this is not a large town; between 35,000 and 40,000 people.
Mr. Tim Quinn, 42 E. Dover Street, stated that he does not mind competition. He stated that a state of the art movie theater will increase foot traffic and shopping visits. Mr. Quinn asked the Council to include land as part of the sale that the Town will offer to the County Council tomorrow. He stated that Easton is becoming a destination for diners, antique shoppers and art buffs. He thanked Easton Main Street and the Mayor for pursuing this for over a year.
Mr. Bud Loscomb, 28549 Pinehurst Circle, Easton, stated that he is a property owner on Goldsborough Street and has concerns regarding the theater or any project in the neighborhood. Mr. Loscomb discussed the history of the Avalon Theater. He stated that it seems coincidental that the threat of competition triggered upgrade of theater. Mr. Loscomb discussed his concern about safety and security of the neighborhood. He stated that he believes that everyone can work out the situation to make this project happen. He stated that it is a breath of fresh air to have the town working with businesses. Mr. Loscomb stated that the Avalon Theater is a compliment to the downtown and very important to foot traffic downtown. He stated that this project will be a broad, expansive boom to this town. Mr. Loscomb stated that if you build it, they will come.
Mr. Steve Magnassarian, 28 S. Washington Street, discussed competition. He stated that the property will be developed but the question is how. He stated that one way or the other, there will be large brick wall to look at; either the back of a library or the back of a movie theater.
Mr. Tony Joya, resident of Easton and a business owner of Sweet Nina’s on 37 E. Dover Street, stated that he loves this town and moved here for the small town atmosphere. He stated that with all the advertising, the most business he has gotten is from foot traffic. Mr. Joya stated that the businesses cannot survive with just a few people here and there and most of the businesses will not survive. He discussed hearing patrons talking about going to surrounding communities to go to the movies. Mr. Joya stated that if this project was built, it would keep some people from going somewhere else to the movies. He said there are plenty of films to go around. Mr. Joya stated that he does not want to see Easton become desolate like Cambridge with vacant shops.
Ms. Priscilla Morris, 118 South Street, founder of Railway Market and former developer in the grocery market for a national company; stated that it is useful to think how scary change is. Ms. Morris read a passage from Mr. Rouse’s book about referring to Talbottown as the first shopping center on the eastern shore of Maryland. She stated that she does not feel sorry for Mr. Wenger. She stated as a community, we need to think about smart growth principals and bring vitality back into the town core. Ms. Morris discussed Wal Mart coming to town. She discussed speech by Mr. McMahon who recommended knitting Talbottown and the downtown together and to revitalize it would be to build a state of the art movie theater. Ms. Morris stated that she knows everyone can work together as a community with concerns for traffic. She stated that competition ultimately benefits consumers.
Ms. Jackson-Amis asked Ms. Morris in her experience, did she ever have an instance where someone purchased a building or offer more than the market value in this kind of setting; where the town should be purchasing for private development, a building for this $950,000 plus the value of the gas plant.
Ms. Morris discussed the preservation of this near market tax credit financing which she stated is a very powerful tool that has been used in revitalization. She discussed relying on creative tools when you have an area that needs revitalization. She stated that she had no personal involvement other than studying models. Ms. Morris stated that when Talbottown was built, there were two movie theaters in downtown Easton.
Ms. Libby Dawkins discussed family business. She stated that she does not expect government to subsidize their business. Ms. Dawkins stated that she would have more money to spend downtown if she did not have to pay higher water and sewer rates. She discussed residents’ cash flow affecting businesses.
Ms. Judy Loscomb, 28459 Pinehurst Circle, stated that she is a native of this area, a resident of Easton and an owner of a fledging business in downtown Easton and an owner of a successful business as well as a property owner on Goldsborough Street. She stated that she is a taxpayer as a resident and a taxpayer as a business owner. Ms. Loscomb stated that she plans to move within the next five years downtown to the property on Goldsborough Street. She stated that she is every person in here. She is a resident, business owner and taxpayer and active in her community and cares about the success of the resident and businesses. Ms. Loscomb stated that this property if it remains a government use, it will not generate tax revenue. She stated that she wants to see the property a retail use. Ms. Loscomb asked the Council to support Easton Main Street and help facilitate this project.
Mr. Larry Albright, Albright’s Gun Shop, resident in downtown Easton and building owner. He stated that there is a tremendous amount of confusion about government being involved in this project. He stated that this is a Main Street project; not a government business or private enterprise. Mr. Albright stated that he understands the residents’ concern but they have bought property next to commercial real estate. Mr. Albright stated that the town should be proud of the Avalon Theater. He stated that the Town should fight for this theater project in this location for the town.
Mr. Tom Stewart, 109 Goldsborough Street, stated that the problem is an attempt to introduce foot traffic downtown by way of vehicular traffic that no one wants and the solution has to come by dealing with that problem.
President of the Council, Mr. Ford asked for comments from Council.
Mr. Jensen stated that the more he thinks about this, it boils down to something simple to him. Either we are going to be proactive and try to develop by the principals of smart growth and try to renovate the downtown or we are going to talk about it but we can’t expect people to put their life savings on the line to make the downtown some place we want to use. Mr. Jensen discussed his investment in Goldsborough Street and traffic. He asked Mr. Wenger to work with the Council.
Ms. Jackson-Amis stated that she is floored with Mr. Quinn’s knowledge that this Council is planning to make an offer to the County Council for this property. She stated that this agreement has not been decided.
Mr. Ford stated that during the last public meeting, Mayor Willey stated that he would like to go to the County Council by their next meeting which is the 22nd, to discuss alternatives to their plans.
Mr. Jensen stated that this decision has not been decided on.
Ms. Jackson-Amis stated that Mr. Mitchell stated that the County is not in the position to sell this property for all the reasons set forth. She asked the Town Attorney if this is accurate.
The Town Attorney, Mr. Kehoe, stated that he would like to research before answering but it is his assumption that the county has no intention of selling the property. Mr. Kehoe stated that Mr. Mitchell presented an argument tonight that he would like to consider.
Ms. Jackson-Amis stated that this should be a consideration should the Mayor decide to make an offer.
Mr. Kehoe stated that he was aware of the law for municipalities but was not aware that the same existed for counties but it is up to the County Council in their judgment to make that decision.
Ms. Jackson-Amis stated that she is not against competition but reminded everyone to conversations regarding Home Depot, Lowe’s and Easton Hardware. She stated that she finds it inconsistent that we are not applying the same litmus test to this particular situation when Mr. Wenger has come to refurbish this theater. Ms. Jackson-Amis stated that the Council should be concerned with his presentation to a degree that we have been with other businesses. She asked if we are applying the same standard for businesses and if not, what the reason for change is. She feels that these are important inconsistencies. She commended Ms. Morris for her presentation. Ms. Jackson-Amis stated that she cannot support giving away the gas plant as we have not assessed our own needs for growth as a town. Ms. Jackson-Amis stated that she likes the model presented by it is the purview of private sector. She discussed Main Street.
Mr. Bond stated that Easton taxpayers put no dollars into this deal. He clarified that $951,000 plus the gas plant property is not correct and to the best of his knowledge, the gas plant property is valued around $450,000.
Discussion occurred regarding the inclusion of another property to the offer to the county.
The value of the gas plant property was discussed.
Ms. Jackson-Amis discussed the concept of the urgency of this project.
Ms. Jackson-Amis discussed the success of the Avalon. She stated that it needs to be realized that taxpayer funds were used and lost and the Town has never recouped.
Mr. Wendowski stated that he feels that government has no business being involved with anything that the private sector should be doing. He discussed a recent study of surrounding theaters and stated that he does not think government is supposed to put anyone out of business including another business. Mr. Wendowski stated that it is his understanding that some theaters may close due to the abundance of DVDs and excess screens. He stated that he had considered the legal aspect but would leave that to the attorneys. Mr. Wendowski stated that there is no traffic or noise study so we don’t know the true impact of this business on the downtown. He stated that the east/west connector road could be up to 15 years away from conception and wondered where the funds would come from to construct the road. Mr. Wendowski concurred that competition is good. Mr. Wendowski stated that he has visited the Tred Avon Theater and believes that he deserves a shot. He discussed the numbers and stated that the town may be on the hook. He discussed construction costs and stated that this is for the private sector to be concerned about. Mr. Wendowski stated that he would like to see a retail anchor chain in that slot and not a movie theater. He stated that he does not think that Easton is big enough for two theaters and he does not feel that the Town of Easton should be in the position to put someone out of business.
Mr. Jensen asked where the 15 year projection for an east/west road came from.
Mr. Wendowski discussed the necessary funds and the right-of-ways. He suggested getting the legal questioned answered first and finding out if the county is even interested in selling the property.
Mrs. Scott-Taylor welcomed Mr. Wenger to town. She wished best wishes to the new restaurant owner. Mrs. Scott-Taylor stated that no tax payer dollars will be used to build or purchase this movie theater/retail complex. She stated that the Town Center is what makes this town special and vital. She thanked the business community and the residents for their investments. Mrs. Scott-Taylor stated that the Town of Easton needs more foot traffic. She stated that the government is here to build partnerships to make this a better community for everyone.
Mr. Ford stated that the Mayor made the comment that he would like to go before the County Council at their meeting tomorrow to discuss alternatives and he really hopes that this Council this evening reaches consensus to agree to do that. He suggested going to the County Council and ask them to negotiate, not exchange letters or demands, to negotiate and find a solution to the challenging issues that really do exist and utilizing 142 N. Harrison Street for a retail project and satisfying space needs that the county, library, town and Easton Police Department have. Mr. Ford discussed bigger picture and the essence of Easton. Mr. Ford discussed being voted into the council seven years ago, he had a mentor that explained that there would be times when issues would be so complicated with facets that supported those issues and when faced with those situations, you had to stick with what you believe in and he believes with his experience that the Town Center is the beating heart of this community and if it fails the repercussions will reach out into the community and they will be negative repercussions. Mr. Ford stated that he hopes that this Council will see how important it is to create and sustain a diverse and viable economic presence in the Town Center. He stated that if we do not create more foot traffic, we put the Town Center further at risk. Mr. Ford stated that the Council has to act. He stated that the demographics of this region is about to change and he hopes that Easton’s Council and future Council will not be interested in competing with those development pressures and will remain unique. He urged the Council to negotiate with the County Council.
Mr. Jensen stated that the County Council is interested in the gas plant and questioned if the Town should open the gas plant discussion with the county.
Mr. Ford stated that he would like the Town Council to consider restating the position that we are willing to look at alternatives to meeting the requirements and the needs that everyone has in the Town Center.
Ms. Jackson-Amis stated that as far as she is concerned that all the discussions from this Council have been in good faith. She stated that she thinks that Mr. Ford is suggesting offering the gas plant and what will the county do in return. She stated that the Town Council has already offered more than the market price. She questioned what we think they need to do.
Mr. Ford stated that the Town’s offers have been sincere and very extensive but the exchange with the County Council has been an exchange of offers and counter offers and official negotiations have not taken place.
Ms. Jackson-Amis questioned what we are asking the County Council to do.
Mr. Ford suggested going to the County Council and try to engage them into discussions.
Mr. Wendowski suggested the Mayor and a member of the Council sit with two members of the County Council and two members of the business association with an arbitrator engage in discussions. Mr. Wendowski stated that if it is going to take the gas plant and a certain amount of money to get this property, then let’s go for it. He suggested getting the County Council to commit. Mr. Wendowski asked the Council to commission the Mayor to negotiate for that property with a cash differential.
Mr. Wendowski stated that he is not in the position to support a theater but is in a position to support a commercial entity in that slot.
Mr. Wendowski stated that he wants to see Mr. Wenger’s pro forma matched against Mr. Bond’s but he wants to get the legal issues answered.
Mr. Wendowski made a motion to authorize Mayor Willey to put the gas plant and a cash amount on the table to offer to the County Council, seconded by Mrs. Scott-Taylor and carried with Mrs. Jackson-Amis voting against putting the gas plant on the table.
The President of the Council stated that the motion is carried 4 to 1.
The President of the Council stated that the record will stay open for written comments until the end of business on Friday.
ADJOURNMENT
Upon motion by Mrs. Scott-Taylor seconded by Mr. Wendowski and carried unanimously; the President of the Council adjourned the regularly scheduled meeting at 11:24 p.m.
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Town Clerk