TOWN OF EASTON, MARYLAND

Easton Town Hall

14 S. Harrison Street

September 6, 2005

 

PRESENT AT CONVENING

 

Mayor Robert C. Willey                                               Councilmember Scott R. Jensen

President of Council John F. Ford                                 Councilmember Leonard E. Wendowski, Sr.

Councilmember Maureen Scott-Taylor                          Councilmember Moonyene Jackson-Amis

 

IN ATTENDANCE

 

Also in attendance were the Town Attorney Mr. Kehoe, Chief Blue, Assistant to the Town Engineer Mr. Hause, Town Planner Mr. Hamilton, Mr. Al Bond Economic Development Coordinator, Director Parks and Recreation Mr. Sviatko and Mr. Robert Karge, the Town Clerk.

 

CONVENING

 

At 7:00 p.m., the President of the Council, Mr. Ford called the meeting to order.

 

Ms. Jackson-Amis opened the meeting with prayer and led the audience in the Pledge of Allegiance.

 

APPROVAL OF MINUTES OF AUGUST 15, AUGUST 17 AND AUGUST 22, 2005 MEETINGS

 

Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried; minutes of the meetings were approved as written with Ms. Jackson-Amis dissenting.

 

EASTON VOLUNTEER FIRE DEPARTMENT REPORT

 

Easton Fire Department’s activities for the month of August were presented.

 

ITEMS BY MAYOR WILLEY

 

Mayor Willey asked for an Executive Session to discuss real estate.

 

Mayor Willey discussed the management transfers made due to the Town Engineer’s resignation. Davis, Bowen and Friedel in Salisbury, Maryland will be used for engineering matters regarding the Town. Mr. Hause will be handling day to day matters as Assistant to the Town Engineer.

 

ITEMS BY THE CHIEF OF POLICE

 

Chief Blue had the following requests for public assembly permits the Department is recommending for approval:

 

 

Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously, the requests for Public Permits were approved.

 

Per a request from Mr. Wendowski, Chief Blue agreed to place the speed indicator on Clubhouse Drive.

 

ITEMS FROM THE ASSISTANT TO THE TOWN ENGINEER

 

Mr. Hause updated on projects currently in progress.

 

Mr. Hause presented a letter from Mr. Talbot Bone stating that the Lowe’s stormwater management plan is in compliance with the Town of Easton’s stormwater management ordinance.

Mr. Hause will present drawings of Lowe’s stormwater management plan at the next meeting.

 

Ryan Showalter, Attorney for Lowe’s will have the Engineers from Bohler Engineering present to clarify any questions.

 

ITEMS BY THE TOWN PLANNER

 

 The Planning Commission has the following items on their agenda for their September 15 meeting:

 

 

The Board of Appeals will have one item on their scheduled agenda September 13 to discuss an amendment to a special exception which was previously approved for a beauty shop at 417 S. Harrison Street.

 

The Town Planner had a request for a temporary use permit which he approved for a trailer to be loaded with donations for Hurricane Katrina relief at the Wal Mart parking lot Thursday, September 8 through September 14 from 12:00 noon to 7:00 p.m.

 

ITEMS BY THE TOWN ATTORNEY

 

The Town Attorney will advise the Council, Chief of Police and Town Planner about the best way to approach legislation regarding adult entertainment establishments.

 

The Town Attorney requested an Executive Session to provide advice of legal counsel.

 

The Town Attorney advised Mr. Jensen that the WaWa matter has been referred to the Board of Appeals.

 

ITEMS BY THE PARKS AND RECREATION DIRECTOR

 

A Program Open Space grant has been submitted for renovations at Moton Park, Idlewild Park and for the creation of a park at Stoney Ridge off Corbin Parkway.

 

Mr. Jensen requested a security light at Matthewstown Run.

 

RESOLUTION NO. 5855, “A RESOLUTION OF THE TOWN OF EASTON CHANGING THE TIME LIMIT FOR PARKING IN THE DOWNTOWN AND CHANGING THE “TIDEWATER INN” AND TOWN OFFICE” PARKING LOTS TO PERMIT PARKING FROM RESERVED PERMIT PARKING.”

 

Upon motion by Mr. Jensen seconded by Ms. Jackson-Amis and carried, Resolution No. 5855 was passed 4 to 1 as amended leaving off Section 2, the Town Office Parking Lot with Mr. Ford voting no.

 

ORDINANCE NO. 490, “AN ORDINANCE OF THE TOWN OF EASTON REPEALING AND REENACTING SECTION 17-24 OF THE EASTON TOWN CODE REGARDING OVERTIME PARKING.”

 

Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried unanimously, Ordinance No. 490 was approved.

 

ORDINANCE NO. 491, “AN ORDINANCE OF THE TOWN OF EASTON APPROVING AND AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE UNIVERSITY OF MARYLAND CENTER FOR ADVANCED TRANSPORTATION TECHNOLOGY TO ALLOW THE EASTON POLICE DEPARTMENT TO PARTICIPATE IN THE “CAPWIN” COMMUNICATIONS NETWORK.”

 

Upon motion by Ms. Jackson-Amis seconded by Ms. Scott-Taylor and carried unanimously, Ordinance No. 491 was approved.

 

ORDINANCE NO. 492, “AN ORDINANCE OF THE TOWN OF EASTON APPROVING AMENDMENTS TO THE APPLICATION APPROVED BY ORDINANCE NO. 427 FOR REMCO PROPERTIES, LLC CONCERNING THE PLANNED MAJOR RETAIL (“PMR”) ZONING DISTRICT UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE.”

 

The President of the Council introduced Ordinance No. 492 for a first reading.

 

RESOLUTION NO. 5862 AUTHORIZING THE TOWN CLERK TO ABATE 2005/06 REAL PROPERTY TAXES FOR PROPERTIES THAT RECEIVE LIMITED TOWN SERVICES.

 

Ms. Jackson-Amis asked for clarification regarding limited tax services. The Town Attorney advised that they receive all services except water and sewer and the abatement is usually part of the annexation agreement. Ms. Jackson-Amis asked to see the framework history.

 

The President of the Council tabled Resolution No. 5862 until additional information was forwarded to the Council regarding the annexation agreements.

 

LETTER FROM ELM STREET DEVELOPMENT REQUESTING PERMISSION TO BURN BRUSH, FELLED TREES AND TIMBER DEBRIS ON SITE

 

Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried, permission was granted to burn the brush.

 

Mayor Willey asked that the approval be granted upon approval by the Fire Department.

 

REQUEST FOR A GRANT FROM THE MD DEPARTMENT OF ENVIRONMENT FOR A SPECIAL PROJECT

 

Ms. Jackson-Amis asked permission to have a study done on some environmental concerns in the community that deal with asthma and housing and immune deficiency disorders to see if we could qualify as a district to get funding.

 

The Council granted permission to file a completed questionnaire with the Maryland Department of the Environment.

 

RESIDENTS OF CARROLL’S ADDITION TO ADDRESS COUNCIL REGARDING THE WAWA PROJECT ON ROUTE 50 AND DOVER ROAD

 

Ms. Hillary Holzer, 627 South Street, represents the interests of the Carroll’s Addition Neighborhood Association. Ms. Holzer presented their neighborhood concerns regarding the WaWa project. She stated that in asking WaWa to create the two full access entrances and exits on Choptank Avenue, the Town has created another very serious problem. Ms. Holzer discussed concerns with the new hotel and Pizza Hut dumping their traffic on the WaWa exits/entrances through Choptank Avenue. She stated that the traffic will overwhelm their neighborhood with speeding. Ms. Holzer stated that Choptank Avenue, High Street and Boundary Lane have all had well known existing traffic issues and Choptank also has additional concerns with the parochial school and cannot take anymore cars. Ms. Holzer presented a sketch of their proposed traffic solutions with 256 signatures from their neighborhood. She stated that they do not have a problem with WaWa but have concerns regarding what they intend to do with their neighborhood. She stated that the signatures represent the signers’ opposition to the existing site plan. Ms. Holzer stated that residents’ quality of life will be compromised to accommodate a convenience store, a hotel and Pizza Hut. She urged the Council to rectify this problem and rezone the properties. She asked the Council to make public notice a priority and a workable traffic pattern for this situation and a site plan that maintains the residential quality of life in Carroll’s Addition. Ms. Holzer asked for an effective screening of noise and lights and effective mitigation of crime and trash and their neighborhood protected from Route 50.

 

Ms. Holzer presented a Power Point presentation.

 

Mr. Scott Sanders, 610 South Street, discussed proposed site plan changes and traffic pattern changes to relieve some of the residents’ concerns.

 

Ms. Holzer stated that the Comprehensive Plan shows all of Choptank Avenue as residential.

 

Mr. Ford stated that he does not know what the Town of Easton can do with regards to the WaWa application due to legal complexities but he will try to make the situation better.

 

Mr. Jensen suggested Mr. Saunders solution to this problem be considered. He asked that the Mayor and Council forward a letter to WaWa with the neighbors concerns.

 

The Town Attorney will discuss this matter and other issues not related to this matter in Closed Session.

 

Ms. Elizabeth Lee, 612 South Street, has filed an appeal to the Board of Zoning Appeals due to the egress and ingress within 100’ of an intersection and is waiting to see if it will be heard.

 

Mr. Kehoe will forward a copy of the appeal from the Planning Office to Ms. Jackson-Amis.

 

Mr. Tom Alspach owns a home on Tred Avon Avenue, and is here on behalf of the renter that has lived in that area for 20 years. Mr. Alspach asked that the Council look at whether this project appropriately should be characterized as a gasoline station requiring a Special Exception if constructed in a CG Zone. If that is the case, it doesn’t matter if more than 30 days have elapsed since the building permit has issued due to the fact that it cannot be constructed without the Special Exception as required by the Zoning Ordinance.

 

The President of the Council asked the residents of the community to stay involved.

 

APPROVAL OF INVOICES TOTALING $1,120,601.38

 

Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried unanimously, invoices were approved for payment.

 

ITEMS BY MEMBERS OF THE COUNCIL

 

Ms. Jackson-Amis will be receiving items at Be A Star for victims of the hurricane Katrina for between 3:30 p.m. and 7:00 p.m. on Monday, Tuesday and Wednesday.

 

Ms. Jackson-Amis objected to Councilmembers and the Mayor and anyone else trying to change the process that was accomplished in the Elm Street ordinance regarding the affordable housing issue.

 

Ms. Jackson-Amis asked the Council to help with inhabitable housing in the community.

 

EXECUTIVE SESSION

 

Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously following a roll call vote, the President of the Council convened into Executive Session at 9:30 p.m.

 

ADJOURNMENT

 

At 10:29 p.m., upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously, the regularly scheduled council meeting was adjourned.

 

______________________________________

Town Clerk