TOWN OF EASTON, MARYLAND
Easton Town Hall
14 S. Harrison Street
December 5, 2005
Councilmember Maureen Scott-Taylor Councilmember Moonyene Jackson-Amis
Also in attendance was Chief Blue, Assistant to the Town Engineer Mr. Hause, Town Planner Mr. Hamilton, Mr. Al Bond Economic Development Coordinator, and Town Clerk Robert Karge.
At 7:00 p.m., the President of the Council, Mr. Ford 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 NOVEMBER 21, 2005 MINUTES
Ms. Jackson-Amis made a motion to approve the minutes with corrections seconded by Mr. Jensen and carried unanimously.
ITEMS BY MAYOR WILLEY
The President of the Council brought Mayor Willey’s memo to the floor recommending Mr. John Atwood’s reappointment to the Planning and Zoning Commission and Mr. Michael O’Connor’s reappointment to the Board of Appeals. Upon motion by Ms. Scott-Taylor seconded by Ms. Jackson-Amis and carried unanimously; Mayor Willey’s recommendations were approved.
PRESENTATION BY SHORE HEALTH SYSTEM REGARDING FUTURE PLANS FOR THE MEMORIAL HOSPITAL AT EASTON
Mr. John Ross commented on the Hospital’s plans for the emergency service pavilion. He stated that he was elated to report that as recently as last week; their Board of Directors and Planning Committee reaffirmed their commitment to this emergency room project. Mr. Ross stated that they are prepared to begin work as soon as the building permit is issued, hopefully by early January. He stated that the current emergency room was designed for about 12,000 visits per year and they are currently seeing 55,000 patients per year.
Mr. Ross discussed the discussions between Shore Health System and University of Maryland Hospital. He stated that he believes that the hospital is a decade away from a replacement hospital.
Mr. Ford, Mr. Wendowski, Ms. Scott-Taylor and Mr. Jensen stated that they stand by the decision they made two years ago for expansion of the hospital and the abandonment of Adkins Avenue.
Mr. Gene Mechling, 222 S. Washington Street discussed the change in circumstances which he viewed as substantial.
Mr. Michael Jacobs, South Easton Neighborhood Association, asked that the deed read that upon cessation of true emergency room services as contrast as the type of emergency care services that is going to be on Route 50, that the property revert and required to be restored to a public roadway condition.
The Town Attorney stated that the ordinance states and the deed will say that if the area ceases to be used for health care purposes, the Council at that time will have the option, not the requirement to reclaim ownership of the land.
PUBLIC HEARING ON THE REQUEST OF PASSYN & PASSYN LLC, FOR AN AMENDMENT TO THE ZONING CLASSIFICATION OF PROPERTY GENERALLY LOCATED EAST SIDE OF MARYLAND ROUTE 328 (MATTHEWSTOWN ROAD) AND SOUTH OF BLACK DOG ALLEY. THE PROPERTY IS OWNED BY PASSYN & PASSYN LLC AND INCLUDES A TOTAL OF 79.014 ACRES (ACREAGE INCLUDES A PORTION OF RIGHT-OF-WAY OF MD ROUTE 328). THE REQUEST IS TO RECLASSIFY THE PROPERTY FROM A-1 (AGRICULTURAL DISTRICT) TO R-10A (RESIDENTIAL).
At 7:58 p.m., the President of the Council opened the public hearing.
The Town Planner discussed the history of the application. He stated that the Planning Commission at their October meeting reviewed this application and found four to one that the findings for a mistake of an establishment of an A-1 Zoning could not be made so they forwarded a recommendation to the Council that it not be changed.
Mr. Mark Gabler was present on behalf of the applicant whose name has changed to Shore Lands LLC for a request for rezoning of parcel number 45 from its present designation of A-1 to R-10A on Matthewstown Road. He discussed ten reasons he felt supported the change. Mr. Gabler discussed Easton Utilities’ new wastewater plant loan agreement. He stated that A-1 is a clear mistake and a clear violation of Article 23A and disregards the Smart Growth laws by not allowing density.
Mr. Ford discussed the rationale of moving forward with the A-1 zoning which was to allow the Council to review the ultimate development of that property.
The Town Attorney discussed the A-1 zoning. He discussed the issue of mistake in Maryland under the decisions of the Maryland Court of Appeals.
Mr. Tom Alspach, 295 Bay Street, #1, Easton; addressed the Council on behalf of owners of adjoining land. He stated that there must be strong evidence of a change in the character of the neighborhood or a mistake in the pre-existing zoning. He stated that there is not a substantial difference in the land use as permitted in the county under TR and what is permitted under A-1. He suggested the PUD process again and afford the public an opportunity to be heard. Mr. Alspach stated that the practical reasons not to approve the rezoning are compelling.
Mr. Larry Smith, 7837 Ocean Gateway discussed traffic concerns, sewage concerns and the number of homes that are allowed.
Mr. Aaron Worsnup, 29710 Austin Lane, Matthewstown, stated that loans and grants were acquired with the numbers from the PUD which was eventually denied.
Mr. Damon Keller, 6159 Ocean Gateway, stated that he thinks that the applicants are in compliance with the Comprehensive Plan.
Mr. Ford stated that the option with the A-1 Zoning is to reapply with another PUD.
Mr. Gabler asked what the terms of the holding zone are and when can the applicant come back with another project.
Mr. Gabler invited the Council to review Article 23A and take a closer look at their presentation; look at the description in the County’s Comprehensive Plan and the description in the County’s Zoning Ordinance and reconcile that with A1 Zoning which he does not feel can be done.
Ms. Jackson-Amis stated that she will review the information presented and compare it to our Comprehensive Plan and with the priority funding area requirement.
Mr. Hamilton stated that the zoning was A1 when the priority funding area was allocated.
Ms. Scott-Taylor suggested taking the information presented and digesting it.
The President of the Council stated that the public hearing record will remain open until the end of business Friday.
The President of the Council closed the public hearing at 9:27 p.m.
RECESS
The President of the Council recessed the meeting for five minutes.
RECONVENE
At 9:33 p.m., the President of the Council reconvened the regularly scheduled meeting.
RESOLUTION NO. 5871 AUTHORIZING AN EMPLOPYER MATCH TO THE SECTION 457 DEFERRED COMPENSATION PLAN FOR FY JUNE 30, 2005
Upon motion by Mr. Wendowski seconded by Ms. Scott-Taylor, Resolution No. 5871 was approved unanimously following a roll call vote.
ITEMS BY THE TOWN PLANNER
The following items are on the Planning and Zoning Commission agenda for December 15:
Mr. Hamilton stated that there is one appeal pending for medical offices off of Idlewild and Commerce Street. They are appealing the Planning and Zoning Commissions’ decision.
ITEMS BY THE TOWN ATTORNEY
Mr. Kehoe asked for an Executive Session to discuss a real estate matter.
ARTERY HOMES EASEMENT
The President of the Council stated that the Town Attorney is waiting to submit an Ordinance with Findings of Facts based on how the easement issue will be resolved for this application.
It was the consensus of the Council that if Artery improves it up to their property line, they are fine with this.
ITEMS BY THE PARKS AND RECREATION DIRECTOR
Mr. Sviatko advised that the Town of Easton has received a grant from Game Time Recreation for a park in Mulberry Station.
APPROVAL BY COUNCIL FOR RELEASE OF FY2004/05 TOWN OF EASTON AUDIT
Upon motion by Mr. Wendowski, seconded by Ms. Scott-Taylor and carried unanimously, release of the audit was approved.
CLOSED SESSION
Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously, the President of the Council convened the regular session into Executive Session to discuss two real estate matters and for the advice of Council at 10:15 p.m.
ADJOURNMENT
Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously; the President of the Council adjourned the regularly scheduled Council meeting at 10:29 p.m.
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Town Clerk