TOWN OF EASTON, MARYLAND
July 19, 2004
Councilmember Maureen Scott-Taylor Councilmember Moonyene Jackson-Amis
Also in attendance were Town Attorney Mr. Kehoe, Captain Blue and Captain Spencer, Town Engineer Mr. Tim Glass, Assistant Town Planner Mr. Davis and Mrs. Kathy Ruf for Town Clerk Mr. Robert Karge.
At 7:00 p.m., the President of the Council called the meeting to order. Mr. Jensen opened the meeting with prayer and led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES OF JULY 6, 2004 MEETINGS
Mr. Wendowski asked that the minutes be corrected as follows:
Page 5, zoning classification change to W2, S2.
Upon motion by Ms. Jackson-Amis seconded by Mr. Jensen and carried unanimously; minutes of the July 6 meeting were approved with correction.
COMMENTS FROM MAYOR WILLEY
Mayor Willey thanked everyone for the concerts in Idlewild Park and Harrison Street.
Mayor Willey stated that Chief Harvey had retired effective Friday, July 9, 2004.
COMMENTS FROM POLICE DEPARTMENT
Captain Spencer and Captain Blue were present on behalf of the Easton Police Department.
Capt. Spencer reported that Cpl. Mills’ duty on the Joint Terrorism Task Force has ended and he has returned to active duty with Easton Police Department.
Capt. Spencer stated that three officers have started classes at the police academy.
Capt. Spencer reported that the 800 megahertz system is underway with a kick-off of Tuesday and a finish date of Labor Day.
Captain Blue asked for approval for two special events:
1) Shakespeare Comedy of Errors presentation on July 24
2) Passports to Arts presentation on July 31
Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously, approval was granted.
RICHARD PHILLIPS, ESQ. ON BEHALF OF TWO OAKS DEVELOPMENT
Mr. Richard Phillips was present and asked that the consensus for the Two Oaks development be tabled until September when the impact fee analysis would be received from Mr. Tischler. Mr. Phillips asked that the Council also think about the affordable housing issue as well.
INTRODUCTION OF PASTOR HARRISON, ASBURY UNITED METHODIST CHURCH
Ms. Jackson-Amis introduced Pastor Harrison and his wife, a registered nurse. Ms. Jackson-Amis stated that they are new to the area.
Pastor Jackson stated that he would be happy to work with the Town Council with issues in the area.
RESOLUTION NO. 5836, “A RESOLUTION OF THE TOWN OF EASTON AUTHORIZING THE EXECUTIVE AND DELIVERY OF A LINE OF CREDIT PROMISSORY NOTE IN A PRINCIPAL AMOUNT OF $1,000,000 PAYABLE TO EASTON BANK & TRUST FOR THE PUBLIC PURPOSE OF PROVIDING WORKING CAPITAL FOR THE TOWN OF EASTON IN ANTICIPATION OF TAX REVENUES AND TRANSFERS FROM OTHER GOVERNMENT ENTITIES FOR THE 2004-2005 FISCAL YEAR AND PLEDGING THE FULL FAITH AND CREDIT AND TAXING AUTHORITY OF THE TOWN OF EASTON TO THE REPAYMENT OF SAME.”
Mayor Willey stated that some of these funds will be used to cover expenses for the West Kennedy Street water and sewer project but will ultimately be paid back.
Upon motion by Mr. Wendowski seconded by Ms. Scott-Taylor and carried unanimously, Resolution No. 5836 was carried unanimously.
RESOLUTION NO. 5837, A MODIFICATION TO THE CURRENT CAPITAL BUDGET FOR CERTAIN PROJECTS WHICH WERE NOT COMPLETED DURING THE PRIOR FISCAL YEAR
The Town Engineer discussed the projects that had not been completed and are currently under construction that need to carry forward.
Ms. Jackson-Amis asked if these funds could be used for the area addressed by Ms. Gates during last week’s Council meeting.
Mr. Glass stated that these funds were specifically approved for a certain block of Higgins Street.
Upon motion by Ms. Jackson-Amis seconded by Mr. Jensen and carried unanimously, Resolution No. 5837 was approved.
COUNCIL CONSENSUS ON ORDINANCE NO. 474, “AN ORDINANCE OF THE TOWN OF EASTON AMENDING CHAPTER 10 OF THE CODE OF EASTON TO ADD ARTICLE I TO ADOPT STANDARDS FOR SIDEWALK CAFES”
The President of the Council discussed a letter from the Waterfowl Festival regarding their concerns regarding the café ordinance. Mr. Ford stated that Ms. Judith Price was present in the audience this evening.
Mr. Jensen asked for the Town Attorney’s opinion regarding furniture removal.
Discussion occurred regarding adding provision for Waterfowl Festival.
Ms. Jackson-Amis stated that the permit should regulate the enforcement issue.
The Town Attorney stated that the Planning office currently regulates outdoor sales
Discussion occurred regarding measuring the width of passage of applicable property. The Town Attorney stated that it should be measured from the back of the property to the curb so that someone for instance in a wheelchair, does not have to bob and weave his/her way through the path tables and past items placed on the sidewalk.
Mr. Jensen discussed unobstructed passageway.
Mr. Wendowski stated that he thinks you are looking for a three feet clearance.
The Town Attorney stated that there are advocacy groups that can be consulted with on that specific point.
Mr. Jensen stated that he would go to the ADA Board for judgment regarding passageway and stick to their standard.
Mr. Wendowski stated that the ordinance could state that whatever the ADA requirement is, that is what the passageway should be and if it changes, the ordinance changes.
Mr. Bond stated that there is a very narrow segment of the downtown that would actually be affected. Most of the downtown has ten feet between the building front and the curb. There are a few places in the west end of Goldsborough Street with less than ten feet of total clearance near Coffee East and the ice cream shop; neither of whom are interested in having any outdoor service of alcohol. He stated that they are probably currently not in compliance with the Zoning Ordinance as written as there is not six feet of passageway with their seats although with the ADA standards, there is plenty of free way.
Mr. Wendowski discussed the newspaper vending boxes and planting boxes on Goldsborough Street which makes it less than three feet to pass through.
Ms. Jackson-Amis stated that there have been complaints regarding that area.
Ms. Jackson-Amis stated that we should look at our streets and see what is reasonable within the context of what we are doing as some of the places are really uncomfortable trying to negotiate with the tables outside. She stated that everyone is not going to fit into the requirements and we are going to have to live with that.
Mr. Jensen asked if a consensus had been reached regarding storing the outside furniture.
Mr. Ford stated that the phrase in parenthesis allows it stay overnight in the permit.
Mr. Jensen stated that the “and” clause in Section 10-6 would have to be eliminated.
Mr. Wendowski stated that bringing in the furniture would discourage loitering.
Mr. Ford noted that it includes the word permit so the permit as it states in Section 10-4 and reiterates in Section 10-6; the permit dictates what furniture can be out there.
Mr. Ford asked if a consensus had been reached regarding the pedestrian unobstructed passageway. He asked if the Council’s consensus was to go with the ADA standards.
Mr. Glass asked what criteria would be used to reduce that as in one case as opposed to another. He also pointed out that 36” or 42” is essentially a one-way pedestrian traffic width; two people would be unable to pass each other shoulder to shoulder on a sidewalk with 36” wide free clearance. Mr. Glass stated that 6’ seems reasonable to him as far as pedestrians being able to pass one another comfortably on the sidewalk without waiting for single file.
Mr. Bond stated that it depends upon where the measurements are taken.
The Town Attorney stated that informed information here is appropriate. He suggested letting Mr. Glass’s office measure the sidewalk in front of some of the businesses in downtown Easton; in the vicinity of Goldsborough Street, Washington Street, Harrison Street; come back with specific information.
Mrs. Scott-Taylor stated that a decision just needs to be made regarding whatever will work in that area.
Mr. Bond stated that we should come up with some basic guidelines about why it would be reduced from 6’ which he feels makes perfect sense if it could be achieved. Only in the case where it could not be achieved would there be any reduction regarding the 6’ of passageway and never to the point where you didn’t pass the ADA standard.
Ms. Jackson-Amis asked how this compares to the Zoning Ordinance which talked about 6’ and 4’ sidewalk availability and any stores placing merchandise out in front and 4’ from the actual merchandise itself.
Mr. Bond stated that this would not change the 4’ criteria but it would make it so every business in the downtown would be able to legally sell something outdoors whereas if you actually enforce the 6’ standard, you would find that some of the businesses could sell something, and some could not and there is a major fairness issue there.
Ms. Jackson-Amis stated that it is only capricious if you go out and try to spot zone. She stated that in all reality, some streets are narrower than others and will not permit.
Mr. Bond stated that is why the ADA standards should be applied.
The Town Attorney stated that it is not capricious if you tell businesses that you may or not have this right depending upon the width of the sidewalk that is in front of your building. Mr. Kehoe stated that the Council will have to decide what is more important; outside dining or people using the sidewalk. Mr. Kehoe stated that if you are telling people that you are reducing the width of the sidewalk to 3’, you are telling people that you cannot walk side by side on the sidewalk. If someone comes in the opposite direction on the sidewalk, one or the other will have to take a step out towards the curb and that seems to be pretty fundamental. Mr. Bond is proposing that we use the 3’ standard which seems that those two values are irreconcilably in conflict.
Ms. Jackson-Amis agreed.
The Town Attorney stated that it is up to the Council to resolve that conflict.
Discussion occurred whether couples can actually walk down the sidewalk hand in hand.
Mr. Jensen stated that couples cannot do that now down Goldsborough Street.
Mr. Ford read what is currently in Section 10-3, Section 2. He suggested that we change that section to may reduce the unobstructed passageway to no less than 4’ (48”).
Mr. Wendowski discussed having the requirement that the Town Clerk and the Town Engineer do the measurements. He stated that it should be made as simplistic as possible.
Mr. Ford stated that the municipal infraction fine is listed in the draft ordinance as $50 and Mr. Wendowski suggested that be revised to $200.
It was the consensus to change it to $200.
Ms. Jackson-Amis asked that this be revisited in one year.
Mr. Jensen discussed the broad definition of sidewalk cafes. He stated that restaurants/cafes that are not going to sell alcohol beverages should not have to go through the permitting process and can have their tables outside.
Mr. Wendowski stated that he feels the permit should be nominal and based upon the number of tables.
Mr. Wendowski discussed complaints received about pedestrians trying to get by the tables at Coffee East.
Mr. Jensen discussed Section 10-4; Hours of Operation. He stated that it currently reads as if everything has to be inside at 11:00 p.m. Mr. Jensen proposes that the Section changes to service at a sidewalk café shall end no later than 11:00 p.m. so you have to stop serving by 11:00 p.m.
Mrs. Scott-Taylor stated that the point being should be that the portion that says all café seating shall be removed from the café area no later than should be removed.
Mr. Ford asked for a consensus regarding adding alcohol in front of beverages in Section 10-1.
Mr. Jensen, Ms. Jackson-Amis and Mrs. Scott-Taylor stated that they are for it.
Mr. Kehoe stated that he will listen to the comments and come up with a new proposed ordinance for consideration.
Mr. Kehoe stated that Ms. Price has come up with some concerns regarding the property owner indemnifying the Town against a claim. He stated that Ms. Price pointed out that this is a difficult thing for a non-profit to typically do and perhaps it can be changed for minimum insurance requirements that will provide realistic protection for the town.
Mr. Wendowski discussed the Talbot County Liquor Board’s permission.
Mr. Kehoe stated that the Health Department will look at the establishment to make sure the tables are clean and the Liquor Board will have to look at each particular location to determine whether or not it complies with the provision of the Talbot County Liquor Ordinance.
Mr. Kehoe stated that he will listen to the tape and prepare an ordinance for consideration.
PUBLIC HEARING TO DISCUSS PROPOSED AMENDMENTS TO THE TOWN’S ZONING ORDINANCE WHICH WOULD REVISE SECTION 608.2A(13)N. MAXIMUM SIZE OF MAJOR RETAIL STORES. PROPOSED AMENDMENT WOULD EXEMPT THE EXPANSION OR REDEVELOPMENT OF AN EXISTING SHOPPING CENTER, OR NEW CONSTRUCTION ON A SITE ADJACENT TO AN EXISTING SHOPPING CENTER FORM THE 65,000 SQUARE FOOT CAP.
At 7:56 p.m., the President of the Council opened the public hearing to discuss proposed amendments to the Town’s Zoning Ordinance. Mr. Ford read a short section of the text and the definition of adjacent.
Mr. Jensen stated that this has been a long time coming. He discussed taking commercial growth and keeping it in the Town of Easton rather than have it sprawling outside of town. He stated that this ordinance does a good job of that, a good start and a way to make sure that commercial development is kept where it belongs; in a tight compact area in the town and not in a cornfield.
Mr. Matt Davis, Assistant Town Planner stated that the Planning Commission did vote in favor of this 4-1.
Ms. Scott-Taylor stated that she hopes with this amendment we can encourage the kind of redevelopment within the commercial districts that we are trying to create. She stated that we are the commercial hub and we need to take this ordinance and use it to the best of ability to redevelop the centers that need the help the most.
Ms. Jane Bollman, 221 S. Hanson Street, speaking on behalf of the Talbot Preservation Alliance read a statement supporting the ordinance under consideration by the Council. She discussed the annexation of the Dudrow Farm and the commercial zoning. She stated that the question there is if we get a strip mall there or something better. Ms. Bollman stated that TPA has always been supportive that if businesses are going to expand, then they should do so in carefully planned areas within the town on town water and sewer. She stated that they have opposed major retail out in the county on well and septic. Ms. Bollman stated that based on these reasons, TPA supports this proposed ordinance that would modify the cap to allow stores to expand beyond 65,000 square feet in certain limited, geographical areas. However, even with the language and the ordinance attempting to limit the geographic areas, TPA is seriously concerned that there might be some mechanism someone would someday find for further expansion of major retail there. Ms. Bollman discussed TPA’s extended negotiations with the developers of the Dudrow property about their concerns which have resulted in an agreement which they believe will be effective in isolating any major retail development to clearly defined areas and preventing it from sprawling further in the outskirts of Easton as well as sprawling into the county. She discussed the agreement between TPA and the developers of the Dudrow property.
1) The developer has agreed to place a recorded easement on the Dudrow farm property that would prohibit the construction of any retail store in excess of 65,000 square feet including any outdoor retail display area on the Dudrow parcel west of their PMR zone which was recently approved which will ensure that there will be no more than one major retail store on the Dudrow property. She stated that this easement will be in effect until January 1, 2020.
2) The developer has further agreed to place a perpetual green space easement on the 55 wooded acres at the very west end of the Dudrow property with the exception of hiking paths or bike trails. In addition, this easement will prohibit forests from being timbered so it will remain a wooded, greenbelt area. Also, Ms. Bollman stated that she believes that the east/west connector road would be allowed through there.
Ms. Bollman discussed the greenbelt concept in the Town and County’s Comprehensive Plans.
Ms. Bollman stated that this agreement between TPA and the developers result in the best alternative.
Mr. Wendowski stated that he is uncomfortable excluding the outdoor retail areas. He stated that he believes the Comprehensive Plan states that anything over 65,000 square feet will go back before the Council.
Mr. Davis, the Assistant Town Planner, stated that this is one suggestion in the Comprehensive Plan. He stated that it would come back to the Council because shopping centers can only be done in PMRs which will be eliminated and everything will be a PUD which will come before the Council.
Mr. Wendowski stated that his other concern is regarding the 360° adjacent. He stated that he does not want to see it start leap frogging across Glebe Road and other places.
The President of the Council stated that the written record will be left open for comments until close of business on Friday.
There being no further comments, the President of the Council closed the Public Hearing at 8:05 p.m.
APPROVAL OF INVOICES TOTALING $415,846.98
Upon motion by Mrs. Scott-Taylor seconded by Mr. Wendowski and carried unanimously, approval was granted to pay invoices totaling $415,846.98.
COMMENTS FROM THE TOWN ENGINEER
The Town Engineer, Mr. Glass updated the Council on continuing construction.
Mr. Glass thanked the Council for passing Resolution No. 5837 regarding budget modifications.
Mr. Glass discussed the Dover Street rails-to-trails crosswalk. It was the consensus of the Council to make the bump a little less extreme. Mr. Jensen stated that he is pro bump.
Ms. Jackson-Amis discussed a letter received from Mr. David Watkins, 611 Dover Street regarding the flooding and damage of their property. She stated that this had been delayed and wondered where it stands.
Mr. Glass stated that their office has the preliminary plans together for what they plan to do. It is his understanding that the Easton Housing Authority needs to make a decision with regards to granting the Town an easement which involves meeting with the residents.
The Town Attorney stated that they will forward an easement to Easton Housing Authority by the end of next week.
Mr. Ford stated that Mr. Bibb would like to meet with Ms. Jackson-Amis, himself and Mayor Willey with some of the residents of Easton Housing Authority to hear some of their concerns. Mr. Ford stated that it is his understanding that the residents were not able to reach a consensus.
Ms. Jackson-Amis asked that this be done before the end of the week so Mr. Kehoe can have the easement sent so that it can be done. Ms. Jackson-Amis asked that this be done as this is flooding the Watkins’ house and impacting the rest of the street.
The Town Engineer discussed meetings with adjacent property owners prior to the approval of this year’s budget which appropriated some funds for that.
Mr. Kehoe stated that the pond is not going to be a panacea; if you have a heavy enough rain you will still have the potential of having problems.
Ms. Jackson-Amis stated that she is convinced that this is the first step to take short of finding funds to fix all the pipes underground which seems to be the real issue.
Mr. Wendowski asked for an update on the intersection of Dutchman’s Lane and Route 50.
Mr. Glass stated that the developers of the Royal Farms Store are interested in moving forward but have some concerns regarding the cost of the project with regards to relocating utility lines. He stated that their latest request is for the Town to consider relocating utilities and leaving them overhead as opposed to burying them on that corner from the House of the Pines over towards Dutchman’s Lane in the easterly direction. He stated that he has met with staff at Easton Utilities regarding the feasibility of this request. Mr. Glass has met with the developers and is waiting to hear from them. He stated that the Planning and Zoning Commission had approved their site plans based upon the utilities being relocated and buried so discussion may need to occur.
Mr. Wendowski asked to be kept informed due to citizens’ telephone calls regarding backups.
COMMENTS FROM THE ASSISTANT TOWN PLANNER
Mr. Matt Davis updated on the next Planning and Zoning Commission meeting to be held August 19. He stated they had received three new development applications.
1) the old brickyard on Dover Road for a 15,000 square foot furniture retail building
2) PRD on Biery Street
3) PRD on corner of Tred Avon and Dover Street
Mr. Davis stated that they are continuing to update the Zoning Ordinance to help implement the Comprehensive Plan and their Annual Report should be completed next month.
Mr. Jensen asked for a figure regarding how many building permits have been issued in the Town of Easton versus how many building permits have been issued in the county within the last ten years. Mr. Jensen asked that the information be forwarded to the council.
Mr. Wendowski asked if he could get a range of housing prices for the building permits to see where the costs are going.
The Town Engineer stated that the permit fees are tabulated based upon evaluation of construction so there should be a range of residential permits to indicate the value of that house. Mr. Glass stated that we should be able to get that information.
ITEMS BY MEMBERS OF THE COUNCIL
Mr. Wendowski stated that he is still working on the lock box ordinance for the Fire Department.
UPDATE ON MOTORIZED SCOOTERS
The Town Attorney updated on motorized scooters. He stated that he has done research with Capt. Blue. He discussed the State of Maryland’s definitions. Mr. Kehoe stated that motor scooters are not required to be registered by the State of Maryland for vehicle registrations with Department of Motor Vehicles, however; only people with valid operators’ license can operate motor scooters on public streets. You can get a special motor scooter/moped license that can be issued under certain circumstances but the operator must be over 16 years of age. Mr. Kehoe stated that motor scooters can not be operated on sidewalks or the rails-to-trails. He stated that bicycle helmets must be worn. Mr. Kehoe stated that he has forwarded a letter to Mr. Gregory summarizing this information. Ms. Jackson-Amis discussed amending the Town’s ordinance to refer to the State’s regulations so individuals can be clear about the rules. Mr. Kehoe stated that the regulations are consistent with the State’s.
COMMENTS FROM ECONOMIC DEVELOPMENT COORDINATOR
Mr. Bond discussed upcoming performances scheduled for Saturday and Sunday.
ITEMS BY MEMBERS OF THE COUNCIL
Mr. Jensen stated that the weekend in Easton had been fantastic.
Mr. Wendowski stated that Magnolia Meadows, a 99 unit apartment complex just opened and it looks like a nice addition for housing in that range.
ADJOURNMENT
Upon motion by Mrs. Scott-Taylor seconded by Mr. Jensen and carried unanimously; the President of the Council adjourned the regularly scheduled meeting at 8:31 p.m.
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Kathy Ruf for Town Clerk