TOWN OF EASTON, MARYLAND
February 22, 2005
Councilmember Maureen Scott-Taylor Councilmember Moonyene Jackson-Amis
Also in attendance were the Town Attorney Mr. Kehoe, Chief Blue, Town Engineer Mr. Glass, Town Planner Mr. Hamilton, Economic Development Coordinator Mr. Bond and Mr. Karge, the Town Clerk.
At 7:00 p.m., the President of the Council called the meeting to order. Mr. Wendowski opened the meeting with prayer and led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES OF FEBRUARY 7, 2005 MEETINGS
Upon motion by Mr. Wendowski seconded by Ms. Jackson-Amis and carried unanimously, minutes of the February 7, 2005 meetings were approved as written.
EASTON VOLUNTEER FIRE DEPARTMENT REPORT
Mr. Kelly Jones was present on behalf of the Fire Department. He reported on the Department’s activities.
Mr. Jones discussed the Easton Fire Department’s Bi-Centennial Celebration in 2008. He stated that they have started a fund-raising project with the Cats Meow building replicas that are for sale for $20. He stated that there will be a series of four taking care of the four stations EVFD has occupied. The first edition is 11 S. Harrison Street which was one of the first stations then the other three will be sold.
PRESENTATION OF PROCLAMATION TO MR. WILLIAM B. ROBERTS
Mayor Willey presented Mr. William “Butch” Roberts, President of Verizon Maryland with proclamations from the Town of Easton, House of Delegates and Maryland State Senate.
Mr. Roberts thanked the Council for the Proclamations.
ITEMS BY MAYOR WILLEY
Mayor Willey stated that there will be a potato race on March 17 for the St. Patrick’s Day Celebration.
APPOINTMENT OF MR. WILLIAM J. SLIVKA FOR A THREE-YEAR TERM ON THE BOARD OF ZONING APPEALS
Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor, the appointment of Mr. William J. Slivka was unanimously approved.
BUSINESS PROPOSAL TO RELOCATE TO DOWNTOWN EASTON
Mayor Willey discussed a business trying to relocate in downtown Easton that has parking concerns for their employees. He asked for Council consideration to work with the company to resolve their concerns. Mayor Willey stated that they are looking to buy a building versus their current lease.
Ms. Jackson-Amis discussed concerns raised by Mr. Bond regarding the parking including the County’s issues.
Mayor Willey stated that the County has asked to use the old Gas Plant property during the interim for parking by the county council members.
Ms. Scott-Taylor stated that her only concern is setting a precedent with this business. She asked if the Town of Easton had done this before. Mayor Willey stated that it has been done in the past.
ITEMS BY THE CHIEF OF POLICE
Chief Blue asked for Council approval for the following special events:
Upon motion by Mr. Jensen seconded by Ms. Jackson-Amis and carried unanimously, permission was granted for the special events recommended by Chief Blue.
Mr. Wendowski thanked Chief Blue and Mayor Willey for attending a neighborhood meeting at the Easton Club and addressing their concerns.
ITEMS BY THE TOWN ENGINEER
The Town Engineer, Mr. Glass discussed projects going on around the Town. He stated that he is beginning work on budget preparations due March 1.
Mr. Glass stated that the developers of the Royal Farms store have forwarded him numbers to analyze the offsetting improvement costs for the corner at Dutchman’s Lane and Route 50.
Mr. Glass discussed the bid opening for the West Kennedy Street project for the street reconstruction portion. He stated that there was one bid; higher than expected. He stated that they will be looking back to see what portions of the project may be managed in-house.
Ms. Jackson-Amis asked about street calming possibilities on Washington Street near the church which houses Chesapeake Christian School. She asked that the situation be evaluated for possible signage.
Ms. Jackson-Amis stated that she has received another call from Ms. Watkins regarding the drainage issue on Dover Road.
The Town Engineer stated that they have submitted an application to the Maryland Department of the Environment Water Quality Infrastructure Program. He stated that they are awaiting notification if they qualify for funding.
Ms. Jackson-Amis discussed the handicapped inaccessibility on West Street and the crosswalk issue.
The Town Engineer stated that they can accommodate three additional handicapped ramps at the West Street intersection at Federal Street. He stated that it will be scheduled in the future.
Mayor Willey stated that Ms. Callahan is also preparing paperwork to be submitted to USDA for possible funding.
Mr. Jensen asked if the Town Engineer had a chance to look at the situation at Bretridge.
Mr. Glass stated that the Town’s field inspectors are aware of the situation and are working with the developer. He stated that the development needs to be topped down with asphalt.
Mr. Jensen stated that North Street between Aurora and the cemetery is crumbling.
The Town Engineer stated that repairs for that area are on the list for the upcoming year.
Ms. Scott-Taylor stated that there is a pothole between the Tidewater and Mr. Dills building that needs to be addressed.
Mr. Wendowski asked to be kept informed regarding Royal Farms.
ITEMS FROM THE TOWN PLANNER
The Town Planner, Mr. Hamilton discussed the February 17th meeting of the Planning Commission. He stated that they are forwarding a favorable recommendation for the Lowes’ site plan reviewed. Mr. Hamilton asked for a public hearing date.
The President of the Council set the public hearing for March 21 at 7:15 p.m.
The Town Planner stated that the Planning Commission will meet March 15. He stated that they will review the following projects:
1) Preserve at Easton (north of Cooke’s Hope) pending the outcome of a meeting with the developers, town staff and the Memorial Hospital at Easton.
2) Dover and Route 50, Walgreen’s.
3) New application from Passyn’s on the Two Oaks site for a subdivision for 171 residential lot project.
The Town Planner stated that he will advise of the date for the meeting to be held with the Memorial Hospital.
Ms. Jackson-Amis questioned the Town Planner about the Preserve at Easton project.
Mr. Hamilton stated that it will be a mixture of single family detached homes and some townhomes for a total of 211 units.
ITEMS BY THE TOWN ATTORNEY
The Town Attorney, Mr. Kehoe discussed House Bill No. 1205 which is currently pending before the Maryland General Assembly. He stated that it has to do with an attempt to reallocate the responsibilities and authorities of counties versus towns with regard to development within municipalities in situations where counties have adopted Adequate Public Facilities Ordinances. He stated that it is something that the Maryland Municipal League views with a great deal of alarm. Mr. Kehoe stated that Ms. Candace Donahue, counsel for the League, has asked the Town to consider drafting a letter to the appropriate house committee in opposition of the bill. Mr. Kehoe asked the Mayor and Council to consider drafting a letter in the near future.
Mr. Kehoe summarized the legislation stating that it says that if a county has an Adequate Public Facilities Ordinance, any municipality within the county is to be governed by the provisions of that ordinance. He stated that this is an unfunded mandate and changes the relationship between towns and counties with regard to the timing and scope and funding of development projects.
Mr. Kehoe stated that it is before the House and Environmental Affairs Committee at March 10 at 1:00 p.m.
The President of the Council asked that a draft letter be in the Council’s next packet for consideration.
ITEMS BY THE ECONOMIC DEVELOPMENT COORDINATOR
Mr. Bond, the Economic Development Coordinator had three things to bring before the Council.
1) Various promotional activities for the St. Patrick’s Day Celebration. He asked that interested persons contact the Welcome and Resource Center at 410-820-8822.
2) Mr. Bond reported that on the budget coming through the State Legislature, the Maryland Improvement program, part of the Main Street funding has been eliminated. He stated that this is a very small grant program matched locally in Easton. Mr. Bond stated that they are encouraging Department of Housing to put that money back. He suggested a letter from the Council.
Mr. Ford asked Mr. Bond to draft a letter.
3) Mr. Bond asked that the two hour on-street parking portion of the parking recommendations he previously submitted dealing specifically with the sliders be addressed during a March Council meeting. He asked for legislation to enable police to enforce the issue.
Mr. Ford asked that Mr. Bond redistribute information regarding the slider issue.
ORDINANCE NO. 481, “AN ORDINANCE OF THE TOWN OF EASTON GRANTING THE APPLICATION OF FRANK SALISBURY FOR A PLANNED UNIT DEVELOPMENT UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE.”
The President of the Council recused himself and Ms. Jackson-Amis introduced Ordinance No. 481 for a first reading.
The Town Attorney discussed the corrected copy included in tonight’s packet with the changes in the ordinance. He stated that the changes have to do with a typographical error regarding acreage described in the ordinance. Also, the Town Planner had a suggestion regarding parking. Mr. Kehoe stated that Mr. Hamilton suggested changes in wording regarding one of the conditions that originally had been worded that all parking would be in the rear of the property.
MEMO FROM TOWN ENGINEER REGARDING NEW 2005 36,000 GVW CAB AND CHASSIS WITH 20 YARD REFUSE COLLECTION BODY
The Town Engineer discussed the aging of garbage collection units that are in need of replacement. Mr. Glass discussed reallocating budget requests in order to fulfill the need of Public Works for a new garbage truck. He stated that the recommendation from Public Works is to award the bid to Elliott Wilson Trucks for $93,555.
Ms. Scott-Taylor stated that this is not the lowest bid.
Mr. Glass stated that the lowest bid is not the appropriate bid to go with due to required bid specifications.
Mr. Wendowski asked if this vehicle matches equipment already in house.
Mr. Glass stated that it does.
Ms. Jackson-Amis discussed the other bids which were lower than the recommended bid.
Mr. Glass reviewed the equipment bid and explained why he had chosen the Elliott Wilson truck.
Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously, Elliott Wilson’s truck was accepted as recommended by the Town of Easton Engineer.
LETTER FROM MS. BARBARA ZUEHLKE REQUESTING PERMISSION TO CLOSE SOUTH STREET BETWEEN TALBOT LANE AND HARRISON STREET, OCTOBER 8 AND OCTOBER 9 FROM 8:00 A.M. TO 6:00 P.M. FOR ARTS MARKETPLACE
Chief Blue stated that he had received a letter from Ms. Zuehlke for this annual event. He stated that the Department has asked Ms. Zuehlke to complete the permitting process. Chief Blue recommended Ms. Zuehlke’s request for closure of that street be considered with the Public Assembly application process and be brought before the Council in its entirety.
The President of the Council tabled Ms. Zuehlke’s request pending the application.
LETTER FROM MR. R. ANDREW HOLLIS, TALBOT COUNTY MANAGER REQUESTING PERMISSION FOR THE MEMBERS OF THE TALBOT COUNTY COUNCIL TO USE THE OLD GAS PLANT PROPERTY FOR PARKING
The President of the Council stated that we should be looking at the overall area in a comprehensive planning point of view with regards to parking vehicular and pedestrian traffic and proper lighting. He stated that it is a good opportunity for the town and county to work together. Mr. Ford suggested that the staffs collectively get together and take a look at that area.
The Town Attorney stated that we have the concept plans which Mr. Stagg prepared for the Town which show a number of different arrangements of buildings and improvements for the West Street/Dover Street intersection and conceptual plans if the County was to do improvements to the library.
Mr. Wendowski made a motion to discuss this matter in Executive Session because it is town property seconded by Ms. Jackson-Amis.
The Town Attorney stated that it is appropriate to go into Executive Session when there is discussion about negotiations for selling, conveying or leasing town property and this proposal may not rise to that.
The Open Meetings Law and the legal rational of Mr. Wendowski’s request was discussed.
The Town Attorney discussed contract negotiations.
Ms. Jackson-Amis discussed the use of the Old Gas Plant property.
Mayor Willey clarified the request by the County Manager.
The Town Clerk called roll for an Executive Session with Ms. Scott-Taylor and Mr. Jensen voting no.
The President of the Council stated that he would convene into Executive Session at the close of regularly scheduled meeting.
LETTER FROM MR. JOHN C. FINNERTY, SHORE CHRISTIAN FELLOWSHIP CHURCH REQUESTING WAIVER OF PERMITS AND/OR INSPECTION FEES FOR CONSTRUCTION OF A HANDICAPPED RAMP
Ms. Scott-Taylor stated that we should waive the fees due to the fact that there is a not-for-profit organization who has offered to build this ramp.
Ms. Jackson-Amis stated that the request is very compelling but the Council stated that there would be no more waivers. She stated that maybe we need to revisit this practice.
Mr. Ford stated that the ordinance was written and approved to allow a certain degree of discretion in reviewing these types of requests. He stated that he is in support of waiving the fees in this instance because it is a not-for-profit and because it is to aid a handicapped individual who cannot construct the ramp on their own.
Ms. Scott-Taylor made a motion to waive the permitting fees associated with the construction of a handicapped ramp seconded by Mr. Jensen and carried with Mr. Wendowski voting no.
DISCUSSION OF DRAFT ORDINANCE, “AN ORDINANCE OF THE TOWN OF EASTON AMENDING CHAPTER 13 OF THE TOWN OF EASTON CODE TO ADD ARTICLE TWO TO ESTABLISH AN AFFORDABLE HOUSING TRUST FUND”
Mr. Ford stated that this is a program not just a fund and regardless how we stand on who we might want to be designated as administrator, there is a process involved with this such as applications to be processed, files to keep and policies to be monitored. Mr. Ford discussed the definition of administrator.
Mayor Willey stated that Council needs to understand that once we go down this road, we are looking at a bureaucracy that will go on forever and he does not see that being a town funded bureaucracy as long as we have other avenues in place such as the Housing Authority. Mayor Willey stated that we are looking for a method of starting to collect those monies and get them into a fund to start to generate revenues and put out to whatever the Council feels is necessary for affordable housing.
Mr. Ford discussed the administrator being appointed or approved by the council or utilizing the Planning and Zoning Department.
Mr. Wendowski stated that he does not believe there is enough staff in Planning and Zoning to take on a task such as this.
Mayor Willey stated that he has a list now but he is waiting to get to the point of appointing individuals.
Mr. Wendowski stated that he thinks this is how we should get going due to monies that are ready to be disbursed.
Mr. Ford stated that his concerns are not with the money coming in but the money going out.
Ms. Jackson-Amis stated that she has not had sufficient time to digest Mr. Kehoe’s recommendations.
Mr. Ford stated that he hopes to give the Town Attorney enough information to have something more solid to act on at the next meeting.
Ms. Jackson-Amis stated that she hopes that the cross section of citizens who have asked to be a part of this process be figured in the entire process. She stated that it is easy to have an existing authority to administer the program from soup to nuts but there are some existing problems with these authorities and the way they are set up as well as their procedures.
The Town Attorney stated he wanted to give the council some things to think about; reflect on this and get back to him. He stated that the language in the draft ordinance having to do with having the program administered in-house in the Planning and Zoning Department reflects the experience of a number of communities which have the complete program; an inclusionary zoning ordinance and an Affordable Housing Trust which is used as a funding mechanism to assist in bridging the financial gap for affordable housing programs. Mr. Kehoe discussed a board to decide who should get funding. He asked that the Council think about issues such as 1) Recurrent issues with the creation of any town board, residents of the Town of Easton or a broader section of the community. 2) How many people do you want on the board; three, five or seven? 3) Do you want to reserve certain categories on the board for institutional representatives such as Department of Social Services, the Health Department, or congregation member that has experience in working with these types of services? Mr. Kehoe asked for views on these things it will help in firming up or solidifying these concerns.
Mr. Ford asked if there is a way to accept funds at this point that will eventually go into this trust fund to disperse at a later time.
The Town Attorney stated that we should set the fund up first.
Discussion occurred regarding receiving funds and managing it.
Mr. Ford stated that we need to act as quickly as possible for a process for disbursement in order to cap into the other potential revenue sources for this fund.
The Town Attorney suggested setting up a board and allow the board to set up a process for disbursement.
It was the consensus of the Council to appoint a board of seven members.
Mayor Willey suggested giving the Council a list of prospective appointees by the next meeting.
Discussion occurred regarding limiting the board members to in-town residents only.
It was the consensus of the Council for appointees to be in-town residents.
It was the consensus of the Council that the Administrator of the funds would be a Board of seven Easton residents appointed by the Mayor.
APPROVAL OF INVOICES TOTALING $624,556.57
Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor, invoices in the amount of $624,556.57 were unanimously approved for payment.
ITEMS BY MEMBERS OF THE COUNCIL
Mr. Wendowski stated that he did take the street tour of Ward III.
Ms. Jackson-Amis brought an invitation to the floor from Blake Blackston for their 85th Anniversary celebration on Sunday, February 27 at 4:00 p.m.
Ms. Jackson-Amis stated that there will be a salute to Harriet Tubman at the Avalon Theater on March 11 at 7:00 p.m.
Ms. Jackson-Amis stated that the Jackson Jubilee Singers’ 19th anniversary is this weekend. She stated that the celebration will be at the Union United Methodist Church in St. Michaels this weekend.
Ms. Jackson-Amis thanked everyone for their kindness during her father’s recent passing.
Ms. Jackson-Amis stated that there is an African-American celebration at Easton High School tomorrow evening sponsored by two teachers as a Talbot County Education function.
LETTER FROM TIDEWATER INN REQUESTING PERMISSION TO DISPLAY A BANNER PROMOTING ST. PATRICK’S DAY CELEBRATION MONDAY, MARCH 7 THROUGH THURSDAY, MARCH 17
Mr. Jensen made a motion to approve the request seconded by Mr. Wendowski and carried unanimously.
UPCOMING ELECTION
The President of the Council discussed election deadlines for the upcoming election to be held May 2 for Council President, Ward 2 and Ward 4 Councilmembers.
EXECUTIVE SESSION
At 8:42 p.m., the President of the Council convened into Executive Session and the Mayor departed.
RECONVENE INTO REGULARLY SCHEDULED MEETING
At 8:55 p.m., the President of the Council reconvened into the regularly scheduled meeting. The Mayor was not present.
COUNTY COUNCIL PARKING AT OLD GAS PLANT
Mr. Wendowski stated that he thinks a lease needs to be executed for the Talbot County Council members to use the Town’s Old Gas Plant property for parking.
Mr. Ford discussed future considerations and the necessity to make temporary arrangements.
The Town Attorney stated that there needs to be a temporary parking permit issued for the County Council members to hang in their automobile. Council consensus was to allow the requested parking.
ADJOURNMENT
There being no further business, upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously the President of the Council adjourned the regularly scheduled meeting at 8:57 p.m.
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Town Clerk