TOWN OF EASTON, MARYLAND
Impact Fee Workshop
February 15, 2005
Councilmember Moonyene Jackson-Amis
Ms. Sharon Van Emburgh, Assistant Town Attorney, Mr. Karge the Town Clerk, Mr. Talbot Bone, Engineer, Easton Utilities Commission were also present.
CONVENING
At 6:30 p.m., the President of the Council called the meeting to order.
Mr. Jensen arrived at 6:31 p.m.
Ms. Scott-Taylor arrived at 6:33 p.m.
WORKSHOP
Mr. Ford stated that he hoped to leave here tonight with enough information for the Assistant Town Attorney to compose a draft ordinance for discussion and a public hearing.
Mr. Ford discussed the meeting with Tischler and Associates. He questioned if we could charge an impact fee for fire service outside of town limits and if so, is it done in conjunction with the County.
The Assistant Town Attorney stated that there would have to be some type of intergovernmental agreement.
Mayor Willey stated that the Fire Department would probably prefer that the Council stay away from that due to the Department’s substantial donors in the outlying areas.
The Assistant Town Attorney discussed the question of whether impact fees can be collected for volunteer fire departments. She suggested waiting for pending legislation.
Mr. Ford discussed fee schedules and the ability in the ordinance not to implement maximum fees.
Mr. Wendowski discussed the maintenance of the park at Elm Street. He stated that he preferred that the park be the responsibility of the homeowners.
Discussion occurred on maintaining the same level service for the current and proposed parks.
Mayor Willey asked to include the renovation of the upstairs of the concession stand at North Easton Park for offices and storage area.
The Town Clerk stated that he thought that the figures in the schedule represented the average cost for improvements.
Discussion occurred regarding what is planned to be funded with the impact fee such as parks and recreation, municipal facilities, transportation, police and fire.
The Assistant Town Attorney stated that when the Annual Review is done, you can revise the fees and everything will be adjusted.
Mayor Willey suggested putting figures in the schedule for renovations to the upstairs of 11 S. Harrison Street.
Mr. Wendowski suggested going with the numbers Tischler has presented and revise the ordinance if necessary.
Mr. Ford stated that the Fee Schedule would be an attachment to the Budget Ordinance which would state that the Schedule can be reviewed and revised with Council approval. He stated that additional improvements can be factored into the Fee Schedule. Mr. Ford stated that he wants to make sure that the Assistant Town Attorney has enough information to create this Draft Ordinance.
Ms. VanEmburgh discussed using the County’s Impact Fee Ordinance as a model due partly to the fact that the same people that pay under the County’s Ordinance also would have to pay under the Town’s Ordinance within Town limits.
Mr. Ford stated that under Municipal Facilities, we will identify potentially some additional costs based with improvements with this structure.
Mr. Ford asked if the Council thought east-side collector, east/west connector, five corners upgrade and vehicle/equipment replacement should all be included.
Mr. Hamilton stated that the concept of a round-a-bout is a good idea and is a safe way to keep traffic at a constant flow. He stated that the round-a-bout conceptually designed by the Town Engineer does not require land acquisitions.
Ms. Jackson-Amis stated that she does not think this is one of the items we need to concentrate on at this time due to the fact that five corners works now.
The Town Clerk stated that if this is included in the fee schedule base, the Council should be prepared to build it.
The Assistant Town Attorney stated that you can always add it back in if you decide to do it later but if you collect the money for it, you have to do it.
The Council President stated that the impact fee would only cover a portion of these projects so if there are projects we are not sure we want to move forward with now, we should reconsider.
Mr. Ford stated that the east-side collector, approximately three miles, is just the portion that the developers would not finance which would cost about seven million dollars. He stated that adjustments would be made on new estimates and we will add in for potential property acquisition.
Mayor Willey stated that he thinks that the land acquisition estimates are extremely conservative.
The Assistant Town Attorney stated that the JMT Study which gives a lot of validation for us to increase that 16% up to a higher number does not take into account the full road which should be updated to allow the Town of Easton to use a larger portion of impact fees towards the road.
The Town Clerk stated that Tischler & Associates would have to be notified to recalculate to the corrected amount.
Mayor Willey stated that he hopes that the JMT traffic study be completed by March.
The President of the Council asked that the Town Engineer be notified to check on where the traffic study stands.
Police Department building expansion and maintaining the level of service at the Fire Department was discussed.
The President of the Council stated that if we move forward with impact fees, we have a responsibility to carry through some of these projects such as parks and recreation, municipal facilities, transportation, police and fire.
The Assistant Town Attorney, Ms. Van Emburgh stated that the traffic study would have to be updated, Tischler and Associates would have to update his numbers and the Council will have the fee schedule before anything can be adopted. She stated that it needs to be updated to justify a larger percentage which is in everyone’s best interest to be able to be used.
Mr. Ford stated that he doesn’t expect the Council to come up with an answer tonight about whether it is a shortfall of the ten year period of 14 million dollars or more or less. He stated that an impact fee ordinance with a fee schedule attached is a commitment to do the projects and impact fees won’t pay for all of it.
Mayor Willey discussed using some of the public works crew for some of the work due to their qualifications to see some costs savings. He discussed funding options.
The Town Clerk stated that it will probably squeeze out some of the currently budgeted amounts people request for roads; these will have to be funded first and will be more high priority and will force some fiscal discipline.
Mr. Jensen stated that we will also have to think about developer’s interests.
Ms. VanEmburgh stated that you may want to approach the county to see if they want to put some of their impact fees towards transportation.
Mr. Ford discussed other considerations such as credits, exemptions, deferrals and reductions. He discussed how they apply in the County’s Impact Fee Ordinance.
The Town Clerk discussed Section 6421, Item G of the County Ordinance which clarifies exemptions and the effect of that, and the need to make up exemptions from other sources.
The Assistant Town Attorney stated that she will get clarification on exemptions.
The Town Clerk discussed how the County coordinates the impact fee with the budget.
Mayor Willey discussed budget constraints and the necessity to do small projects that have no funding.
Mr. Ford discussed new development versus redevelopment. He discussed impact fees based on an increase in footprint/expansion of an existing structure.
The Assistant Town Attorney discussed how the county clarified the situation. She stated that if it increases the number of dwelling units or increases the total non-residential area it is considered new development.
ADJOURNMENT
There being no further business, Mr. Ford adjourned the workshop at 8:17 p.m.
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Town Clerk