TOWN OF EASTON, MARYLAND
July 6, 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 and Town Clerk Mr. Robert Karge.
At 7:00 p.m., the President of the Council called the meeting to order. Mrs. Scott-Taylor opened the meeting with prayer and led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES OF JUNE 15 AND JUNE 21, 2004 MEETINGS
Mr. Wendowski asked that the minutes be corrected as follows:
In attendance: Councilmember Leonard E. Wendowski, Sr.
Page 8: clarify that Mr. Daniels associated with Mr. Scott Cohen would not own the theater; he was only interested in managing the theater.
Mr. Ford stated that on page 3 of the Council meeting minutes, Resolution No. 5831 was referred to as the previous ordinance instead of Resolution No. 5831.
Mr. Jensen made a motion to approve the minutes with corrections seconded by Mrs. Scott-Taylor and carried unanimously.
COMMENTS FROM MAYOR WILLEY
Mayor Willey thanked everyone for their help with the fireworks and the Easton Celebrations activities. He stated that there were in excess of 8,000 in attendance.
Mayor Willey discussed putting on the requests submitted by citizens for use of the parks and pavilions at Moton Park and Idlewild Park that they do not drive cars out to the pavilions.
Mayor Willey discussed the letter submitted to the County Council regarding the theater project. He stated that the County Council’s response was not accepted.
Mayor Willey reminded the Council and the citizens of the Town of Easton that on Saturday, July 10 there will be a concert in downtown and on July 17 there will be a concert at the pavilion at Idlewild Park at 7:00 p.m. and O’Malley’s March will be on July 18 at 6:00 p.m. on North Harrison Street.
COMMENTS FROM CHIEF HARVEY
Chief Harvey asked for approval for the following requests:
Chief Harvey recommended approval.
Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously, Chief Harvey’s requests were approved.
Chief Harvey discussed Easton Police Department’s activities and the assignment of Corporal Mills to the Federal Anti-Terrorism Task Force to work in concert with the FBI Central Intelligence Agency and Military Intelligence to be a terrorist analyst for the eastern shore.
Chief Harvey discussed Easton Police Department’s attempt to raise funds for the National Police Museum to be erected in Washington, D.C. He stated that there is now a link on their website to the Easton Police Department. Mayor Willey stated that they have received considerable support from the town for a raffle to be held September 11.
Chief Harvey stated that on July 16 at 10:00 a.m., there will be a kick-off meeting for a new radio system for the Easton Police Department.
Ms. Jackson-Amis commended Chief Harvey for the breakfast at the MML Convention.
Chief Harvey asked everyone to bear in mind the officer from Baltimore City that was recently lost in the line of duty. He stated that Easton Police Department will be sending the Honor Guard to attend his services this Friday.
Mr. Wendowski thanked Chief Harvey for the breakfast. Mr. Wendowski thanked Chief Harvey for the officers’ response recently during a neighborhood disturbance.
Mrs. Scott-Taylor thanked Chief Harvey for his assistance during the July Fourth celebration.
COMMENTS FROM THE TOWN ENGINEER
The Town Engineer, Mr. Glass discussed project updates. He stated that they have begun construction on Higgins Street starting at Dover toward Goldsborough Street. Subsequent to that construction, they will begin work on August Street reconstructing the curb, gutter and sidewalk between Hanson and Pennsylvania which will take a few months. Mr. Glass stated that the owners will have the option of upgrading their sidewalks to brick through those blocks should they elect to do so. He stated that the upgrade of brick would be borne by the property owner.
Ms. Jackson-Amis discussed constituents’ concerns regarding Higgins Street going the opposite direction. She asked the Town Engineer to address these concerns. He stated that this block was addressed to come up for construction but has not been identified in the current budget.
The Town Engineer updated on Easton Utilities’ wastewater treatment facility project. He stated that the advertisement for bid went out last week. Mr. Glass discussed the timeline with an opening of bids on August 19.
Mr. Glass discussed the construction of the second million gallon tank in South Clifton with completion in September and on line December 10.
Mr. Glass discussed the resignation of the Assistant Town Engineer, Mr. Joe Gruber. He recognized Mr. Gruber’s hard work and contributions to the Town of Easton and Easton Utilities. He stated that he is a licensed registered engineer in the State of Maryland and was hired May 1998. Mr. Gruber was offered the position of Assistant Town Engineer on March 6, 2000. Mr. Glass stated that Mr. Gruber has been an asset to the community and taken the leadership role in dealing with contractors and developers and keeping things flowing in the field. Mr. Glass stated that he will be missed and wished Mr. Gruber the best of luck.
Mr. Jensen stated that the Town of Easton appreciates Mr. Gruber’s commitment.
Mr. Wendowski discussed the traffic turning left on Port Street. He asked if anything can be done such as what has been done on Oxford Road.
Mr. Glass discussed his work with the State and stated that there has not been much response. He stated that this is an issue and the stack times are too long. Mr. Glass stated that he may draft a letter for President Ford and the Mayor’s signatures.
Ms. Jackson-Amis discussed the crosswalk bump on Dover Street.
The Town Engineer stated that the bump is slowing traffic and is certainly passable at 20 to 25 mph.
Ms. Jackson-Amis asked the Town Engineer to estimate the cost to mirror the crosswalk on Goldsborough Street.
Mrs. Scott-Taylor echoed Ms. Jackson-Amis’ concerns.
Mrs. Scott-Taylor stated that she will also miss Mr. Gruber.
COMMENTS FROM TOWN PLANNER
Mr. Hamilton discussed the Planning and Zoning Commission’s schedule. He stated that there will be no new business during the meeting on the 15th. Mr. Hamilton stated that they will continue to work on the Zoning Ordinance.
Mr. Wendowski asked if the Planning and Zoning Commission has received the request from Easton Club asking for the removal of developers’ signs. Mr. Hamilton stated that they have received the letter. Mr. Hamilton stated that he has directed that a letter be mailed from the Planning office to address this.
COMMENTS FROM THE TOWN ATTORNEY
Mr. Kehoe on behalf of himself and his family thanked Mrs. Scott-Taylor for the fireworks demonstration.
Mr. Kehoe asked for an Executive Session regarding potential litigation.
MR. JERRY LAND AND MR. DON SILLIMAN TO UPDATE COUNCIL REGARDING TALBOT COUNTY CREEK WATCHERS
Mr. Don Silliman, Team Leader, Chairman discussed the history of Talbot County Creek Watchers. He discussed the reason for its establishment which is to collect objective data on water quality on the major rivers and creeks in Talbot County. He stated that there are 65 sampling sites twice a month with over 60 volunteers that donate their time, boats and fuel. Mr. Silliman discussed the data collected.
Mr. Land distributed handouts and discussed the results of the collected data.
Mr. Silliman discussed the outputs from the wastewater treatment facility.
The Town Attorney asked how much influence the tide has on downstream sources.
Mr. Land stated that they have observed that the spots further up the tributaries and those with the largest watershed seem to be the worst.
Mr. Ford discussed his experience with Talbot County Creek Watchers.
Mr. Silliman gave contact information for interested volunteers. He asked for capital dollars to keep the equipment going.
Mr. Silliman gave website information for additional information. He stated that you can view information on Chesapeake Bay Foundation for Talbot County Creek Watchers and www.talbotrivers.org as well as Horne Point Laboratory.
MR. TED PASSYN TO ADDRESS COUNCIL REGARDING TWO OAKS PROJECT
Mr. Passyn discussed the history and the dateline of the Two Oaks project.
Mr. Passyn discussed the questions that the Council asked him to address. He discussed the regional plan that included regional roads, regional roads, and community centers, inter linking and studies. Mr. Passyn stated that the project includes traffic calming devices with traffic circles, regional parks and other amenities such as community centers and traditional alleyway systems. He stated that approximately 18 months ago, they were approved by the Planning and Zoning Commission with a 5 to 0 vote on their PUD application.
Mr. Passyn stated that in August they asked for Council approval. At that time, they were asked to answer nine questions. He stated that he is present at this time with the answers to the questions.
Mr. Passyn stated that they were the first to step up to the plate with discussion of impact fees. He stated that they agree to the impact fees, across the board to all builders, developers including small and large projects.
Mr. Passyn discussed the possibility of a signal light at Fisher Range Road and Matthewstown Road. He stated that they will do it if the State requires it to happen there. He stated that they would like to place a ten-year $100,000 bond if the state and town determine the signal is needed so the funds will be there.
Mr. Passyn discussed the diversity of architecture. He stated that one of the things they went through with the Planning Commission during the architectural period was that certain changes were made such as more houses facing Route 328, less repetition of houses with no two houses alike next to each other or across the street or similar colors next to each other.
Mr. Passyn asked how complaints would be addressed from homeowners and the public authority. He stated that they have had a total turnover in staff including their superintendent, the assistant superintendent and punch out supervisor. He stated that the company itself has also turned over. Mr. Passyn stated that his brother has become the major holder of the building company as well as the supervisor on site everyday.
Mr. Passyn discussed how to control complaints from public authorities; the Town of Easton and Easton Utilities. He stated that in their opinion after talking with Utilities that it is not out of the ordinary to have certain amounts of disagreements over an eight year period. He stated that this can be worked on better by having basically the owner and supervisor on site more as it is now.
Mr. Passyn discussed the adjacent property. He stated that there are two; the Swann Farm to the south. He stated that they will be purchasing this property before the end of the year for future growth.
Ms. Jackson-Amis asked if this property is the property with the trailers currently on it.
Mr. Passyn stated that it is not.
Mr. Passyn stated that when they originally went to contract, it was for all the properties that were owned there at that time. He stated that as of this time, they have no inclination in the near future or ever that they will ever settle on the property with the trailers. He suggested that the residents there address their concerns with the owners of the Swann Haven Limited Partnership or the county that actually control that area.
Mr. Passyn stated that VA and affordable housing were also concerns. He stated that they agree that they will have VA across the board and the subdivision will be qualified for VA loans with better multipliers, less down payments and less fees to get into houses.
Mr. Passyn stated that the affordable housing issue has not been qualified or quantified. He stated that this will have to be put back on the town and will trust in the Town of Easton’s opinion and go through that with the legislative body that has the right to administer. He asked that this be fair and equitable across the board for all so it will not put them at a competitive disadvantage to anyone else.
Mr. Passyn discussed storm water management. He stated that Mr. Glass has been asked to do some initial analysis of storm water. Mr. Passyn stated that their prior engineer did an analysis to make sure streets were not being laid out and not leaving enough land and storm water management to take care of that. He stated that their new engineer, George E. Young has reviewed the computations and has put in a review sheet that states that the storm water management will exceed the State of Maryland regulations and if there are requests by the Council as to storm water management practices, they will go through those in the engineering process and it will be handled at that stage.
Mr. Passyn discussed the validity of the traffic study. He stated that Mr. Ken Smead, Traffic Concepts does a majority of the traffic studies for this area. He stated that he follows a national and state standard. Mr. Passyn stated that with Mr. Smead’s qualifications, he believes that the traffic study was an acceptable and valid traffic study for their proposed development.
Mr. Passyn discussed traffic that flows through the town. He stated that in addition to the impact fees that will be proposed by the town and county, they propose $2,000 per lot that they are willing to contribute to traffic issues for the Route 50 or east/west corridor as the council decides where the money should be allocated. He stated that if the work on Goldsborough and Route 50 is the work that the Council would like done, they can do that. If they would like to spend more money on the east/west collector road, it is a judgment call that should be made by council and by the Town Engineer which they will respect the analysis.
Mr. Passyn stated that overall, the concerns he has addressed works out to about $1.078 million that will be contributed above the impact fees that are going to be in place by the county and the town.
Mr. Passyn asked for questions.
Mr. Ford asked what the rough percentage of this parcel that is zoned R10A versus A1.
Mr. Passyn stated that it is approximately half; 80 acres is one and 80 acres is the other.
Mr. Jensen asked how many units you could reasonably build on that property.
Mr. Passyn stated that you could do 10,000 square foot lots so approximately four dwellings on R10A and one per acre on A1 so approximately 400 units. He stated that the additional 100 units will be an overall better community.
Mr. Ford asked what the current designation in the county’s Master Water and Sewer Plan for that.
Mr. Passyn stated that he thinks it is R2.
Mr. Wendowski clarified W2, S2.
Mr. Passyn stated that he had submitted a new traffic study with the new numbers or 40 new units.
Mr. Passyn stated that his request is to have the council members direct any questions or specific requests to him to clarify any questions. He asked if this could go to vote for the next Council meeting.
Mr. Wendowski asked for Mr. Passyn’s response to the nine items in writing.
Ms. Jackson-Amis asked if procedurally, we are able to vote on this PUD now.
The Town Attorney discussed the procedure and stated that the public hearing had been held. He stated that he thought the request had been tabled until Mr. Tischler’s impact study had been completed. The Town Attorney stated that the request had been tabled but it can be taken off the table and consider it when appropriate to do so.
MR. ANTOINE GREGORY TO ADDRESS COUNCIL REGARDING MOTOR SCOOTERS
Mr. Antoine Gregory, 602 Brookletts Avenue, stated that he has a concern regarding motor scooters and questioned if they are illegal.
Chief Harvey stated that the Town Ordinance rules on this matter based upon operation of motor scooters within the town. Since that time, he has consulted with the Town Attorney regarding the definition of a motor scooter versus a motorized bicycle versus a moped versus a motorcycle. He stated that they are still in discussion what constitutes a motor scooter.
Mr. Gregory stated that he has a pocket bike; styled like a motorcycle, equipped with a tail light, head light, brake light with a seat but is classified as a scooter.
Ms. Jackson-Amis stated that if the Town Attorney and the Chief have not agreed, then it is premature for the police officers to stop. She stated that there should be clarity.
The Town Attorney stated that all these vehicles are defined in the Maryland motor vehicle law. Some require registration, some do not and the question the Chief and he are having is how does these mini motorcycles fit into the State law in regard to the categories. He stated that they will work it out and advise.
Mr. Jensen asked if it is tagged. Mr. Gregory stated that MVA stated that because it is 49 CC, it is classified as a scooter and does not require a license plate.
Chief Harvey discussed the conflict with the definitions. He stated that he will ask the officers not to enforce the scooter law until the matter is clarified. Chief Harvey asked the riders of these scooters to use common sense when out if that is agreeable.
Mr. Ford stated that it is clear that motorized vehicles are not allowed on rails-to-trails.
Mr. Ford asked when a decision could be reached.
The Town Attorney stated that they should have this clarified within two weeks.
PUBLIC HEARING TO SOLICIT PUBLIC COMMENT ABOUT SIDEWALK DINING AND RESTAURANTS PLACING TABLES ON PUBLIC SIDEWALKS
At 8:15 p.m., the President of the Council opened the public hearing to receive comments regarding sidewalk dining.
The President of the Council stated that Draft Ordinance No. 474 has been available on the Town’s website and has some specifics regarding the amount of clearance allowed on the walkways. He stated that there needs to be a minimum of six feet of pedestrian unencumbered walkway left when the outdoor tables are placed. He stated that there is a provision in the ordinance for some exceptions down to the minimum ADA standards. Mr. Ford stated that this is a draft but he wanted to clarify that there are some restrictions being proposed.
Mr. Jensen commented on Section 10-5 that states that a sidewalk café needs to obtain a license from the Alcohol Beverage Control Board. He stated that this is probably Talbot County Liquor Board.
Mr. Kehoe stated that this is correct as this is based upon Annapolis’ ordinance.
Mr. Jensen stated that there is a question in 9 regarding who would enforce the ordinance. Mr. Jensen stated that his thought would be Planning and Zoning.
Mr. Wendowski stated that he would like to see the hours of operation end at 10:00 p.m. He stated that he would like to see the fines increased more than a slap on the wrist; at least $200.
Mr. Jensen discussed the revocation option.
Mr. Wendowski stated that he has another problem with the ordinance and that is the question of where this fits in with the liquor license. He discussed the license being for the premise and stated that it does not extend outside the premises.
Mr. Jensen stated that you would have to amend the liquor license should this ordinance take effect.
Mr. Kehoe stated that this would be up to the Talbot County Liquor Board and he does not know how they would interpret that. He discussed sidewalk dining versus liquor sales.
The Town Planner stated that the Town of Easton Code already permits the sale of merchandise and display on the sidewalks as long as it is kept within 4’ of the storefront and 6’ of free sidewalk is left open. He stated that the only difference here is the sale of alcohol which was brought before the staff and the police department had some concerns.
Mr. Wendowski discussed the survey that was taken by Mr. Bond dated April 29. He stated that 18 businesses hold liquor license in downtown Easton, one with no dining. Mr. Wendowski stated that leaves 17 or 82%; only 5 businesses interested in the ordinance which leaves 29% interested.
Mrs. Scott-Taylor stated that this Ordinance would enhance the ambience of downtown; to allow merchants the ability to serve food and alcohol outside of their premises under certain guidelines.
Mr. Jensen discussed the retail in the downtown and the quality of life. He stated that it would enhance the character of what is going on downtown.
Mr. Wendowski stated that his only concern is the enforcement of the ordinance and does it trickle to other areas.
Mrs. Scott-Taylor stated that we are only talking about five restaurants.
Enforcement issues were discussed.
Chief Harvey discussed public intoxication. He stated that the Town may have liability issues and the Town may be heading in the direction to make the Police Department look bad.
Mr. Ford stated that he has reservations whether this is a good idea. He stated that he would be interested in public comments. Mr. Ford stated that one of his concerns is that his perception on how this might occur, how you delineate where that restaurant ends and the public access begins.
Mr. Bruce Armistead, 111 N. West Street, is present on behalf of the Waterfowl Festival. He acknowledged that he has not had the opportunity to read the proposed ordinance. However, he stated that the Festival supports the effort and does not oppose the Town’s efforts to control sidewalk activities both during the Festival or any other time of the year. Mr. Armistead stated that there are two things the Festival would like to ask of the Town. As this legislation is considered, they would like the Council to keep in mind the impact or the potential impact on events such as the Festival which has existed successfully for over 30 years and increasingly over the past few years, the outside food concessions have become an important part of the Festival that contributes to the character of the Festival and the Town of Easton. Mr. Armistead stated that the second request is that the record be held open beyond this evening as the Festival’s Executive Director; Ms. Judy Price is out of town and would like to comment on the logistics and impact of this bill.
Mr. Jensen stated that he is trying to understand Mr. Armistead’s concern.
Mr. Armistead stated that the Festival did not want the Town to pass legislation that would have an adverse impact on the ability of the concessions during the Waterfowl Festival to operate.
Mr. Al Silverstein, Talbot County Chamber of Commerce, stated that the Chamber of Commerce has met with a number of restaurants that have expressed an interest in looking at outdoor dining cafes. He discussed his research of ordinances relative to this matter. He stated that the Chief’s concern merits great consideration regarding the size of crowds outside in public areas. Mr. Silverstein stated that he hopes as the Council moves forward in deliberation that thought is carefully given to the kinds of situations that are going to be set up.
Ms. Debbie Dodson, Director of Tourism for Talbot County, stated that Easton has become well known as a restaurant town and the sidewalk dining offers another opportunity for people to enjoy the cuisine offered. She discussed her opportunity see experiences similar to this. She stated that this would be another way to generate traffic in downtown Easton. She stated that the restaurants asking for this would be very few. Ms. Dodson asked that this be taken into consideration and help us grow into the restaurant destination that we want Easton to be.
Mr. Tim Quinn, Legal Spirits Tavern, discussed the American with Disabilities Guidelines. He stated that the guidelines for delineation suggest 27” for a blind person with a cane. Mr. Quinn stated that the guidelines suggest that the delineation be stable which he feels is a very good thing to have.
Mr. Wendowski asked if he was referring to a wall or table.
Mr. Quinn stated that he agrees that a penalty should be there and it should be strong. He discussed liability and stated that there may be a way to rent the property to the owners for periods of time so that the liability may become the owners. Mr. Quinn stated that they stop serving at 10:00 p.m. but people continue to sit there and eat so he asks consideration for later. Mr. Quinn stated that they are very committed to the enhancement of the area as they want to attract people to the town. He discussed enforcement issues and stated that they are always concerned when necessary.
Mr. Ford asked what type of capital investment would be involved in putting tables outside. He discussed passing the ordinance with a sunset provision such as two years to analyze the experience.
Mr. Quinn stated that this would not be a huge investment but the cost would depend on the barrier required.
Ms. Elizabeth Elkin Wigand, owner of Chez Lafitte Gallery & Salon, 13 S. Washington Street, stated that he is really in favor of passing this ordinance. She stated that 90% of their customers are over the age of 40. She stated that she had to pull the four tables she had inside because she could not serve to customers that asked for a drink. She stated that she has to be responsible as a liquor license holder. She stated that if they have certain guidelines that they have to follow, they all can be responsible enough to follow those guidelines.
Ms. Jackson-Amis asked Ms. Wigand if her restaurant would have the proper footage to allow outdoor tables. Ms. Jackson-Amis asked if some that may not qualify would be okay with that. She stated that some will be able to accommodate this and some may not. She stated that practical things also have to be considered.
Mr. Jensen clarified that it is 6’ if you have 10’ of right-of-way between the sidewalk and business. If there is less than 10’, you have to show a passage way through the area compatible with ADA.
Ms. Jackson-Amis stated that she would like to know if there has been an analysis of the growing pains of communities that have allowed sidewalk dining. She questioned if anyone knows that problem areas that may have to be dealt with. Ms. Jackson-Amis stated that outdoor dining is fine and only has two issues.
Mr. Kehoe discussed approach used by most jurisdictions. He stated that you look at the backside as it were of the streetlights or fire hydrants or street trees that exist along the curb and it is the space between those items and the edge of the sidewalk so people don’t have to bob and weave their wave through an obstacle course. You want a pedestrian or someone in a wheelchair to have a straight and unobstructed access through the town so the width of the sidewalk is not as important as the distance between the edge of the building and a street tree or street light or something that happens to be in front of the building. Mr. Kehoe stated that this should be done on a case by case basis. Typically, you look at if it is less than 10’ which most in downtown Easton are, you look at the ADA requirements which he understands is 3’ and they are thinking about changing it to 4’ which is not wide enough for two people to walk abreast of one another walking down the street.
Mr. Quinn discussed the widths proposed. He stated that the guidelines wanted to go with 60” but decided to go with 48” because it allows free access for two people which is an absolute standard for the entire industry.
Ms. Jackson-Amis asked if there had been complaints from citizens regarding tables outside in various places.
Mr. Quinn stated that there have been no complaints. He stated that the only complaint he gets is not being able to have a cocktail outside with dinner.
The Town Planner stated that he has responded to minor complaints regarding sidewalk apparatus including a-frame signs and tables especially on Goldsborough Street because it is such a narrow street.
Mr. Stephen Crease, Tidewater Inn, discussed their construction of the outside terrace. He implored the Council to pass an ordinance for his colleagues to do outdoor dining in Easton. Mr. Crease stated that he has been fortunate to travel and has experienced outdoor dining in small and large cities.
Mr. John General, Longwoods, owner of General Tanuki’s in downtown Easton stated that this ordinance would greatly improve the ambience in downtown Easton. He agreed that enforcing the penalties is an important manner. He discussed outdoor dining and stated that his customers choose to remain inside because they cannot drink and want to have a glass a wine. Mr. General stated that their sidewalk is about 9’10”. He discussed the tables they have in place and stated that they could do narrower tables if they are a problem. Mr. General stated that they are pleased that the Council is considering this and will help whatever way they can.
Mrs. Scott-Taylor read into the record a letter from Mr. Charles Fox, the owner of Time Out Tap and Grill that could not be present. Mr. Fox’s letter was in support of outdoor dining and stated that this could only add to the ambience of Easton. He addressed concerns regarding the loss of smoking patrons and felt that this may bring those customers back.
There being no further comments, the President of the Council closed the public hearing at 9:02 p.m. He stated that the record will be left open until the close of business on Friday.
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.”
Upon motion by Mr. Jensen seconded by Mr. Wendowski, Ordinance No. 475 was carried unanimously following a roll call vote.
RESOLUTION NO. 5835, “FOR PURPOSES OF APPROVING AND CONSENTING TO THE EIGHTH AMENDED AND RESTATED TRUST AGREEMENT.” AN ACT OF THE TOWN OF EASTON APPROVING AND ACCEPTING THE EIGHTH AMENDED AND RESTATED TRUST AGREEMENT OF THE LOCAL GOVERNMENT INSURANCE TRUST (THE “TRUST”).
The Town Clerk stated that this is a routine request of the Board of Trustees of LGIT to change some of the rules whereby they operate.
Upon motion by Mrs. Scott-Taylor seconded by Mr. Jensen, Resolution No. 5835 was carried unanimously following a roll call vote.
CHESAPEAKE HERITAGE AREA PUBLIC DRAFT OF THE HERITAGE MANAGEMENT PLAN AND REQUEST FOR RESOLUTION RECOGNIZING AGREEMENT TO CONSIDER ADOPTING THIS PLAN AS PART OF THE EXISTING COMPREHENSIVE PLAN
Mr. Al Silverstein, Talbot County Chamber of Commerce, stated that he is Vice President of Eastern Shore Heritage Area. He stated that the purpose of this is a four county effort to create a heritage area that will allow preservation and will make communities and individuals on certain projects eligible for tax credits through the state. Mr. Silverstein discussed an upcoming public hearing. He stated that they are asking communities to sink this into their Comprehensive Planning process recognizing the importance of the heritage area. Mr. Silverstein stated that there is a section in the Comprehensive Plan that recognizes this.
Mr. Ford stated that there is a sample resolution in tonight’s packet.
Mr. Kehoe stated that he believes it is satisfactory.
Ms. Jackson-Amis made a motion to adopt the language as part of our Comprehensive Plan and conform it as Mr. Karge will be able to do seconded by Mr. Jensen and carried unanimously following a roll call vote.
ITEMS BY MEMBERS OF THE COUNCIL
Mrs. Scott-Taylor thanked Main Street, Mr. Al Bond and Ms. Carolyn Jaffe for their help for the July fourth celebration. She reminded everyone about the concerts in the streets.
Mr. Jensen discussed a memo regarding architectural standards. He stated that they are not going to make the bureaucracy any worse than it already is; in fact it will make it better. Mr. Jensen stated that the Planning Commission was supportive of this idea.
Mr. Jensen discussed the eight steps he suggested in the memo.
1) Have Mr. Hamilton’s office draw up a Request for Proposal that outlines what we are looking for, asks for a price, and has a deadline of September 15th.
2) Mr. Hamilton opens bids at the second meeting in September.
3) Convene the Architectural Standards study group to review bids. Ask them to make to rank the three best, and discuss with them possible extra-governmental funding sources.
4) At their first possible meeting all bids with study group recommendation go to the Planning Commission for their consideration, and they send only the top three, ordered by their preference, to the Mayor and Council for consideration.
5) At first possible meeting Mayor and Council formally vote on a resolution to accept one of the three proposals or not.
6) While standards are being developed, Mr. Kehoe and Mr. Hamilton collaborate to put together a draft, architectural standards ordnance.
7) When standards are complete, and the ordnance drafted, the whole package goes to the planning commission for review.
8) Entire package comes before Mayor and Council for a vote on the actual ordinance with standards.
Mr. Ford stated that he definitely wants to create the standards.
Mr. Jensen stated that the standards are pretty technical and have to be done right.
Mayor Willey stated that it is his understanding that the Planning and Zoning Commission wanted the authority to do this themselves instead of hiring an architect.
Mrs. Scott-Taylor stated that all that is being considered tonight is drafting the guidelines.
Mr. Hamilton discussed Mr. Goebel drafting guidelines for Historic District Commission which were in a much narrower parameter.
Mr. Ford stated that creating a scope and asking for proposals does not require acceptance of the proposals but would give an idea of the cost.
Mr. Jensen stated that this is the very idea.
Ms. Jackson-Amis asked what is required tonight.
Mr. Jensen stated that he is asking the Council to consider this particular procedure or change it if it is missing something.
The Town Attorney stated that what could be done is to authorize the Mayor to go forward with this and leave it to him and Mr. Hamilton to come up with point a to point b.
Mr. Jensen made a motion to authorize Mayor Willey to go forward with this seconded by Mrs. Scott-Taylor and carried with Mr. Wendowski voting no.
Mr. Wendowski complimented on the fireworks display.
Mr. Wendowski made a recommendation to have only one meeting in August.
Mr. Ford stated that he would not be available for the August 16 meeting.
Mr. Wendowski made a motion to hold one meeting for the month of August seconded by Ms. Jackson-Amis and carried unanimously.
Ms. Jackson-Amis announced that in this community there have been several groups that sing for any occasion that they are asked and they do it without fee; the Burke Family, the Jackson Jubilee Singers and Robert Batson. She stated that they will be inducted into the Hall of Fame that the Second Generation Community Chorus sponsors every year which will be held on Saturday, August 7 at 5:30 p.m. at the Delmarva Inn and Convention Center. She asked organizations and individuals to send someone or to purchase a ticket to support what they do.
Ms. Jackson-Amis discussed what she considers the mis-characterization of the issue that led the Town to where they are with the theater and library concern. She stated that she has received a number of phone calls and e-mails. She stated that it should have never been identified as the library versus the theater due to the problems that it has caused. Ms. Jackson-Amis stated that they have no jurisdiction over the library at all except as citizens which is what she thinks should be focused on. She stated that the Council took no such vote; the only vote was whether or not we would offer certain property and funds to the Talbot County Council for the purchase or acquisition of land at 142 N. Harrison Street. She suggested that citizens talk to the County Council and talk to them about where the library should be. Ms. Jackson-Amis stated that the library should be renovated and expanded at their current location. She discussed use of taxpayers’ funds to renovate their current location.
Ms. Jackson-Amis discussed marketing and directions requested by tourists and answers given at the Welcome Center. She suggested not confusing the public and maybe offering places of interest in a lottery type manner.
Ms. Pam Gates, 121 S. Higgins Street, discussed the refurbishing of city streets. She stated that there is a concern that the 100 block of her street has not been refurbished in a number of years. Ms. Gates discussed the surrounding areas that have been refurbished and stated that her block has been overlooked and left out. She stated that storm water drains in that area get clogged whenever there is a heavy rain. Ms. Gates stated that the sidewalks are cracked, uneven and broke. Ms. Gates stated that she is present to encourage the Town to do something about their particular street.
The Town Engineer, Mr. Glass clarified the situation and the process of deciding to work on various streets. He stated that when they ride the streets in March, the area will be looked at.
Ms. Gates asked the Town Engineer to look at the area. She asked to be put at the top of the list.
Mayor Willey suggested that members of the Council go along for the road trip or give Mr. Glass a list of the streets that need to be considered.
Ms. Jackson-Amis thanked Ms. Gates for her thorough presentation.
EXECUTIVE SESSION
Upon motion by Mr. Jensen seconded by Mrs. Scott-Taylor and carried unanimously, the President of the Council convened the regularly scheduled meeting into Executive Session at 9:41 p.m. to discuss potential litigation and receive advice of counsel.
At 10:07 p.m., Mr. Jensen made a motion to close the Executive Session seconded by Mrs. Scott-Taylor and carried unanimously.
BUDGET PROVISION
Mayor Willey discussed the 2004/05 budget and the provision for the capital expenses that we get a line of credit and pay for these as we go. He stated that the Town Clerk is negotiating a one million dollar line of credit which was called for in the budget. Mayor Willey discussed the operational shortfall and stated that the line of credit may have to be utilized for expenses.
The Town Clerk discussed the software problem that has held up the mailing of tax bills.
Mayor Willey stated that we need to keep excise taxes and impact fees in the Council’s agenda.
ADJOURNMENT
Upon motion by Mrs. Scott-Taylor seconded by Ms. Jackson-Amis and carried unanimously; the President of the Council adjourned the regularly scheduled meeting at 10:13 p.m.
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Town Clerk