TOWN OF EASTON, MARYLAND
Easton Town Hall
14 S. Harrison Street
February 21, 2006
Councilmember Maureen Scott-Taylor
Also in attendance was Town Attorney Mr. Kehoe, Chief Blue, Assistant to the Town Engineer Mr. Hause, Town Planner Mr. Hamilton, Future Planner Mr. Thomas, Economic Development Coordinator Al Bond, and Town Clerk Robert Karge.
At 7:00 p.m., the President of the Council, Mr. Ford 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 6 AND FEBRUARY 13, 2006 MEETINGS
Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried, minutes of the February 6 and February 13, 2006 meetings were unanimously approved.
Ms. Jackson-Amis arrived at 7:01 p.m.
ITEMS BY MAYOR WILLEY
Mayor Willey stated that the first check has been received for the Affordable Housing Fund. He stated that he will forward that check to Mid Shore Community Foundation.
Ms. Scott-Taylor made a motion to approve Mr. Periconi’s appointment to the Planning and Zoning Commission seconded by Mr. Wendowski and carried unanimously.
ITEMS BY CHIEF BLUE
The following Public Assembly Permits were recommended for Council approval:
1) Friday, March 17, St. Patrick’s Day Parade and Potato Race.
2) April 1, Multiple Sclerosis Walk.
Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried, the Public Assembly Permits were approved.
ITEMS BY THE ASSISTANT TO THE TOWN ENGINEER
Mr. Hause updated on the West Kennedy annexation construction project.
ITEMS BY THE TOWN PLANNER
The Planning Commission meets on February 16 with only one item on the agenda; amendments to a commercial flex space building on Commerce Drive.
The Board of Appeals is scheduled to review a Variance and Special Exception for WaWa. He stated that the Board of Appeals will have to postpone their hearing until the Planning and Zoning Commission can make a recommendation.
Sonic Restaurant is before the Board of Appeals for setback variances.
Mr. Tire is proposed to go in the Preston Lincoln/Mercury building if a Special Exception is granted.
An application is before the Board of Appeals for a variance at 8 South West Street to remove a metal building and construct an office building.
MS. BARBARA HEATLEY, LEAGUE OF WOMEN VOTERS TO DISCUSS RENTAL HOUSING INSPECTIONS
Ms. Barbara Matkin-Coit, President, League of Women Voters addressed the Council with the League’s concern for rental housing stock.
Ms. Barbara Heatley stated that they are looking for scheduled inspections. She asked the Mayor and Council to change Ordinance No. 309. Ms. Heatley outlined changes the Talbot County League of Women Voters would like to see implemented.
Ms. Polly Shannahan discussed Historic Easton’s support for properties in the Historic District. She offered training for Historic Tax Credits for renovations.
Mr. Joe Minnarick, President East End Neighborhood Association suggested a grading system for rental properties for re-inspection purposes.
MS. BERTHA WILSON PRESENT ON BEHALF OF RESIDENTS OF W. GLENWOOD AVENUE TO ADDRESS COUNCIL REGARDING W. GLENWOOD ANNEXATION
Ms. Bertha Wilson, 46 Johnson Street, was present to publicly thank the Mayor, Council and staff for their efforts in the W. Glenwood annexation project.
DISCUSSION OF GROWTH RATE CONTROLS
Mr. Thomas, Future Planner discussed a report distributed in the Council’s packet listing controls that may influence the rate of growth. He discussed several general options of controlling growth. The Town Attorney discussed annexation controls.
PUBLIC HEARING ON THE REQUEST OF THE EASTON PLANNING AND ZONING COMMISSION TO REVIEW PROPOSED CHANGES TO THE TOWN OF EASTON’S SUBDIVISION REGULATIONS, ORDINANCE NO. 421.
The President of the Council opened the public hearing on the Subdivision Regulations at 8:21 p.m.
Mr. Thomas discussed the proposed changes to the Subdivision Regulations. Mr. Thomas stated that the Subdivision Regulations are primarily a technical document that describes the legal and surveying requirements for how you create lots to be sold in the Town of Easton.
Mr. Thomas stated that the Zoning Regulations outlines the rules and regulations for how one can develop upon those lots once they are created.
Mr. Thomas stated that there are now seven proposed changes to the Subdivision Regulations. He discussed the changes and what has been incorporated in the new Subdivision Regulations.
The President of the Council opened the Public Hearing for audience comments.
Mr. Bill Stagg, Lane Engineering, stated that aspects of the Subdivision Ordinance should be in the Zoning Ordinance. He stated that Article V that has been incorporated is an attempt to help improve the quality of basic R10A subdivisions outside of a PUD and should be in the Zoning Ordinance. Mr. Stagg stated that beyond that, it doesn’t work as designed and drafted. He stated that the Council will be very dissatisfied with developments designed with these stipulations if this is in the Subdivision Regulations. He discussed the lack of a Town Engineer to sign site plans.
Mr. Thomas stated that the Subdivision Regulations are close to what both sides are looking for if we can come to a consensus on the density issue and an allowance for at least a percentage of the lots to be smaller than the minimum prescribed to get this variation in lot sizes.
The Town Attorney stated that he will forward an Ordinance for the next meeting for introduction.
At 8:45, the President of the Council closed the Public Hearing on Subdivision Regulations. He stated that the Public Record would be left open until the close of business Friday.
PUBLIC HEARING TO DISCUSS PROPOSED AMENDMENTS TO THE TOWN’S ZONING ORIDNANCE.
At 8:46 p.m., the President of the Council opened the Public Hearing to discuss proposed amendments to the Town’s Zoning Ordinance.
The President of the Council stated that tonight’s Public Hearing is not legally required but the Council felt the public had the right to comment on the Zoning Ordinance in its entirety.
Mr. Thomas briefed on the history of the Zoning Ordinance. He stated that there are only two changes to the document proposed since the last public hearing. Mr. Thomas stated that they are administrative changes. He discussed a footnote that is being placed in the Ordinance.
Mr. Hamilton stated that the Planning Commission has gone over the two changes and supported them as recommended.
The president of the Council opened the public hearing for audience comments.
Mr. Ryan Showalter, 101 Bay Street, asked for confirmation whether the Zoning Ordinance before the Council has any amendments to the Zoning Map.
The Town Attorney stated that the Zoning Ordinance before the Council does not deal with the Zoning Map.
The Town Planner stated that they would like to bring the map back at a subsequent meeting. He asked that the map changes be deferred.
Mr. Tom Alspach asked that the Public have the opportunity to make comment regarding the map changes.
The Town Attorney stated that the map changes would require a public hearing.
Ms. Jackson-Amis made a motion to approve Ordinance No. 497 seconded by Mr. Wendowski and carried unanimously following a roll call vote.
RESOLUTION NO. 5873, “A RESOLUTION OF THE TOWN OF EASTON REPEALING AND REENACTING, WITH AMENDMENTS, ARTICLE VI SECTION 11 OF THE EASTON TOWN CHARTER TO ALLOW THE EASTON TOWN COUNCIL TO SET AN ANNUAL TAX RATE ON REAL PROPERTY WITHIN THE TOWN OTHERWISE SUBJECT TO TAXATION AT A RATE UP TO SEVENTY CENTS PER ONE HUNDRED DOLLARS OF ASSESSED VALUATION.”
Mayor Willey recommended that Resolution No. 5873 be amended to 55 cents per one hundred dollars of assessed valuation.
Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried, Resolution No. 5873, As Amended was passed with Ms. Jackson-Amis voting no.
RESOLUTION NO. 5874, “A RESOLUTION OF THE TOWN OF EASTON REPEALING AND REENACTING, WITH AMENDMENTS, ARTICLE VI SECTION 11 OF THE EASTON TOWN CHARTER TO ALLOW THE EASTON TOWN COUNCIL TO LEVY TAXES ON REAL AND PERSONAL PROPERTY WITHIN THE TOWN IN ORDER TO PAY PRINCIPAL AND INTEREST ON NOTES AS WELL AS BONDS OF THE TOWN REGARDLESS OF LIMITATIONS ON PROPERTY TAX RATES.”
Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried, Resolution No.5874 was passed with Ms. Jackson-Amis voting no.
RESOLUTION NO. 5875, “A RESOLUTION OF THE TOWN OF EASTON APPOINTING AN AUTHORIZED REPRESENTATIVE TO EXECUTE DOCUMENTS RELATED TO SECURING FUNDS FROM A FEDERAL GRANT ADMINISTERED BY THE ENVIRONMENTAL PROTECTION AGENCY.”
Upon motion by Mr. Jensen seconded by Ms. Jackson-Amis and carried, Resolution No. 5875 was approved unanimously following a roll call vote.
RESOLUTION NO. 5876, “A RESOLUTION OF THE TOWN OF EASTON REVISING THE LICENSE, PERMIT, INSPECTION AND REVIEW FEES.”
Upon motion by Ms. Jackson-Amis seconded by Mr. Jensen and carried; Resolution No. 5876 was approved unanimously following a roll call vote.
Resolution No. 5869, “A RESOLUTION TO ANNEX CERTAIN LANDS OWNED BY THE RETIREMENT COMMUNITY OF EASTON, INC. TO THE TOWN OF EASTON LOCATED ON THE SOUTH SIDE OF PORT ROAD AND CONSISTING OF 10.513 ACRES OF LAND, MORE OR LESS, AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE ANNEXATION.
Ordinance No. 495, “AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF EASTON TO APPLY AN ORIGINAL ZONING CLASSIFICATION OF MEDIUM DENSITY RESIDENTIAL (R-10A) AND CRITICAL AREA OVERLAY ZONING CLASSIFICATIONS OF INTENSE DEVELOPMENT AREA (IDA) AND LIMITED DEVELOPMENT AREA (LDA) TO A PARCEL OF LAND ANNEXED TO THE TOWN OF EASTON LOCATED ON THE SOUTH SIDE OF PORT ROAD CONSISTING OF 10.513 ACRES OF LAND, MORE OR LESS.”
The President of the Council stated that there has been a change of circumstances on the applicant’s side regarding the legal representation of the applicant and his ascent to the bench.
Ms. Brynja Booth, Esq., was present and stated that she and Mr. Dave Thompson, Esq. both represent the Londonderry Retirement Community.
Mr. Stagg discussed the proposal and changes to the site plan.
Ms. Jackson-Amis made a motion to seek the recommendation of the Historic District Commission before acting on Ordinance No. 495 and Resolution No. 5869, seconded by Mr. Wendowski and carried unanimously.
LETTER FROM MS. JANET H. MESSICK, PRESIDENT, TIDEWATER STAMP CLUB REQUESTING THAT THE VENDOR’S FEE BE WAIVED FOR THE TIDEWATER STAMP CLUB SHOW TO BE HELD MARCH 25 AT THE EASTON VOLUNTEER FIRE DEPARTMENT
Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried, permission was granted to waive the vendor’s fee for the Tidewater Stamp Club’s show March 25 at the Easton Volunteer Fire Department.
APPROVAL OF INVOICES TOTALING $389,199.23
Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously, invoices totaling $389,199.23 were approved for payment.
THE PRESERVE AT EASTON
Mr. Jensen questioned the status of the application. The Town Attorney stated that Mr. Stagg had indicated that it would be withdrawn. Mr. Kehoe stated that he will contact Mr. Stagg and if the application is not to be withdrawn, he will prepare Findings of Fact for the Council’s vote.
CREEKWATCHERS
Mr. Ford asked that information be forwarded to the Council to get their approval for money to be utilized to monitor the Tred Avon by that organization.
CLOSED SESSION
At 9:45 p.m., upon motion by Ms. Scott-Taylor, seconded by Mr. Wendowski and carried unanimously, the President of the Council adjourned the regularly scheduled council meeting to go into a Closed Meeting for the advice of legal counsel.
ADJOURNMENT
Upon motion by Ms. Scott-Taylor seconded by Mr. Jensen and carried unanimously; the President of the Council adjourned the regularly scheduled Council meeting at 10:02 p.m.
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Town Clerk