TOWN OF EASTON, MARYLAND
Easton Town Hall
14 S. Harrison Street
June 19, 2006
Councilmember Maureen Scott-Taylor
Also in attendance was Mayor Robert C. Willey, Town Attorney Mr. Kehoe, Chief Blue, Assistant to the Town Engineer Mr. Hause, Town Planner Mr. Hamilton, Economic Development Coordinator Mr. 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.
Ms. Jackson-Amis arrived at 7:01 p.m.
APPROVAL OF MINUTES OF JUNE 5, 2006 MEETINGS
Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor, minutes were unanimously approved.
ITEMS BY THE FIRE DEPARTMENT
Chief Knotts submitted a letter requesting permission to take Tower 61 and Engine 63 to the Ocean City Maryland State Fireman’s Convention June 21 through the weekend.
Upon motion by Ms. Scott-Taylor seconded by Mr. Wendowski and unanimously carried, permission was granted.
REQUEST FROM MS. DIANA LOGAN TO ADDRESS COUNCIL REGARDING FREEDOM ROWERS
Ms. Logan discussed a request for the extension of a bicycle path to help kid rowers get to Easton Point on Port Street. She asked for help or information regarding who to contact.
ITEMS BY MAYOR WILLEY
Soroptomist Club issued a check for $500 for equipment to Easton Parks and Recreation for the skatepark.
Mayor Willey discussed openings on the Park Board and Historic District Commission/
ITEMS BY CHIEF OF POLICE
Chief Blue asked for approval for the following Public Assembly Permit:
Upon motion by Ms. Scott-Taylor seconded by Mr. Jensen and carried, permission was unanimously granted.
Upon motion Mr. Wendowski, seconded by Mr. Jensen and carried, permission was unanimously granted.
ITEMS BY THE ASSISTANT TO THE TOWN ENGINEER
Mr. Hause discussed paving that will occur around town the week of June 26.
Mr. Hause stated that approved Capital projects will be uploaded on the Town’s website for citizen’s information.
Ms. Jackson-Amis discussed the need for additional lighting in the Port Street vicinity, Jowite, Clay, etc.
ITEMS BY THE TOWN PLANNER
Mr. Hamilton stated that the Planning and Zoning Commission met June 15 with the following items on their agenda:
ITEMS BY THE TOWN ATTORNEY
Mr. Kehoe, the Town Attorney asked for a Closed Session to consider the advice of Legal Counsel and the attraction and retention of business.
ITEMS BY THE ECONOMIC DEVELOPMENT COORDINATOR
Mr. Bond asked for a work session as closed to the end of the month as possible to rank the Community Legacy Projects
Ms. Jackson-Amis asked for clarification regarding the requested Events Coordinator position.
PUBLIC HEARING TO DISCUSS A PROPOSED PLANNED UNIT DEVELOPMENT (PUD) FILED BY FAISON, C/O STEVE WENDEROTH. THE PUD APPLICATION PROPOSES TO DEVELOP A 219,000 SQUARE FOOT MIXED-USE PROJECT CONSISTING OF A SHOPPING CENTER WITH 27,100 SQUARE FEET OF OFFICE SPACE. THE REMAINING 191,900 SQUARE FEET CONSISTS OF 58,000 SQUARE FOOT GROCERY STORE, A 65,000 SQUARE FOOT DEPARTMENT STORE, AND VARIOUS SMALLER RETAIL SHOPS AND RESTAURANTS. THE SUBJECT PROPERTY IS LOCATED BETWEEN SUNFLOWER DRIVE, PAPER RUN ROAD AND CHAPEL ROAD, JUST WEST OF THE CHAPEL EAST SUBDIVISION AND EAST OF THE APPLEBEE’S AND BOB EVAN’S RESTAURANTS.
Mr. Hamilton, the Town Planner introduced the project and gave a brief history. He stated that the Planning and Zoning Commission recommended approval of the project with a three to two vote. He stated that is the first PUD project under the new Zoning Ordinance. He stated that the Planning and Zoning Commission’s review was primarily the Comprehensive Plan’s support of this application. He stated that the Planning Commission asks that if the Council decides to allow this project to go forward, that there be a condition to include the Planning Commission in the next step of the review of this development.
Mr. Joeseph Stevens, representing Faison, 114 W. Water Street, Centreville; presented the project. He stated that it is a request for approval of a PUD with PMR commercial application Section 8. Mr. Stevens stated that it is approximately 218,000 square feet of retail space with two primary retail users of over 25,000 square feet. He stated that the Planning and Zoning Commission reviewed the project and found it consistent with the Comprehensive Plan.
Mr. Steve Wenderoth, Development Director with Faison discussed their process with the community. He discussed traffic modifications and landscaping concerns discussed with the neighbors. Mr. Wenderoth stated that they have met with the State Highway Administration, the County and the town traffic experts to come up with a traffic plan that works. He discussed meetings with the Talbot Preservation Alliance and stated that at the end of the day, they agreed to disagree with the interpretation of the Comprehensive Plan. Mr. Wenderoth stated that Faison is a good corporate citizen and intends to help other areas of the town of Easton. He discussed financial benefits of the development.
Mr. Jack Holland, MBNA Architects in Bethesda presented the project as a single phase, mixed use project on 19 acres of the Easton Commons site. He stated that it will contain a neighborhood oriented shopping center, office space for service type offices and centrally located common area for public gathering. The proposed project will be accessed by major access off Chapel Road and three major entries off Sunflower. Mr. Holland discussed the architecture of the project. He stated that the entire project will be constructed at once. Mr. Holland discussed possible tenants. Mr. Holland discussed things being proposed to be sensitive to the neighbors. He discussed deliveries to retailers and a lighting plan.
Mr. Michael Lenhart, Transportation Engineer and Consultant, Principal of Lenhart Traffic Consulting; presented the scope of work performed for the project. He discussed present and future conditions of Route 50, Chapel Road and Route 322. Mr. Lenhart discussed the grading scale of the roads.
Mr. Bill Stagg discussed parking. He stated that there are seven Finding of Facts the Council must find as part of a PUD application. Due to the lateness, he will submit them as part of the public record. He stated that what is proposed is the same configuration as what was approved in the Dudrow project. Mr. Stagg stated that they are asking for a parking waiver. He discussed the project and the conformity of the Comprehensive Plan as it applies to the town. Mr. Stagg stated that this site is zoned CL Commercial today and except for the grocery store, the retail stores are permitted by right. Mr. Stagg discussed stormwater management requirements and stated that this project will supersede the normal requirements mandated by the town and state.
At 9:22 p.m., the President of the Council opened the floor for public comments.
Ms. Pat Bovankovich, 9079 Honeysuckle Lane, discussed Paper Run Road. She stated that this run is 3 to 5’ from the back of their houses. She stated that they do not want this development behind their house. Ms. Bovankovich has a great concern for the children in their neighborhood. She discussed property devaluation due to the project.
Ms. Eileen Demeiyer, Vice President of Talbot Preservation Alliance, discussed investigating this proposal. Ms. Demeiyer discussed the staff report submitted by the Planning Department. She discussed open space requirements, parking requirements and the upgrade of Route 50 from an F service to a D service. Ms. Demeiyer concluded that the underlying spirit of the Comprehensive Plan stating that it is more definitely in opposition of more commercialization.
Ms. Barbara Padden, Oxford; discussed the traffic mitigation concepts submitted by the applicant. Ms. Padden stated that she had spoken with Mr. King of State Highway Administration and the concepts have not been approved and they have concerns. She stated that the State planned improvements do not include the area the project is proposed for. Ms. Padden stated that this project will act like fly paper for traffic. She asked that the project not be approved as Easton Commons is the wrong project at the wrong place at the wrong time.
Ms. Jamie Garner, 2621 Jamaica Point Road, Trappe, stated that she opposes the project as it competes directly with downtown businesses. She suggested Faison directing their interests in downtown vitality. Ms. Garner stated that Easton’s Comprehensive Plan will give ample reason why this project should be denied.
Mr. Jim Brooks, Real Estate Director of Safeway, spoke in favor of the Faison Development. He stated that Safeway’s need for a larger store have evolved in time. Mr. Brooks stated that they would like the ability to enlarge their store for customer’s needs into a lifestyle store. Mr. Brooks stated that the Easton Commons’ project is well thought out and will serve the community. Mr. Brooks asked for favorable consideration from the Council.
Mr. Joe Morley, 9197 Honeysuckle Drive, discussed a survey done in their neighborhood. He stated that the neighborhood does not want the 14 pads but a comprehensive center. They still have concerns regarding what is being proposed. Mr. Morley stated that they want to explore the traffic. They love the design based upon what the alternative could be.
Mr. Brian Dowling, 9024 Clove Court, the corner of Paper Run and Chapel Road stated that this is a pretty good plan but there are still things that need to be hammered out and ultimately is better than pad sites.
Mr. Joseph Lopez, 9803 Camelia Drive, described the community he came from and thanked the Council for considering the communities’ concerns. He asked that their voice be listened to.
Mr. Sean Morrisey, 9241 Honeysuckle Drive, stated that he has concerns with traffic. He stated that this developer is working with the neighborhood. Mr. Morrisey stated that they wanted Paper Run Road closed.
Mr. Paul Bovankovich, 9079 Honeysuckle Drive, stated that he came here from the western shore and has enjoyed a residential community. Mr. Bovankovich discussed property devaluation. He discussed the increase of traffic, noise and litter. He stated that he is a citizen that would like to keep the area residential.
Mr. Bruce Moore, raised in Talbot County has a farm at the end of Chapel Road. Mr. Moore stated that he is the Safeway Store Manager and started his career in 1976. He asked that the Council consider this proposal because Easton needs this. Mr. Moore stated that Safeway cannot survive in its present location and they need to expand. He stated that Easton deserves this type of shopping and more employment opportunities.
Mr. Eldon Johnson, 29463 Petunia Drive, stated that nothing has changed in the original concept. He asked the Council to listen to the neighbors’ concerns. Mr. Johnson asked that Faison continue to work with the neighbors.
Ms. Jackson-Amis asked that the applicant address concerns regarding required parking spaces and open space requirements.
Mr. Stagg discussed the shared nature of the parking spaces. He stated that it is adequate for the center designed. Mr. Stagg stated that 30% open space in a commercial development is not proper land use. The developer has provided 24% with usable gathering space and effective for people to meet and hang around restaurants. He respectively requested that the Council consider their proposal.
Ms. Scott-Taylor thanked Steve Wenderoth for their willingness to work with the neighbors. She stated that this is a good concept and Safeway deserves a bigger and better store. Ms. Scott-Taylor asked Faison to consider a development not so intrusive. She stated that her first concerns are the residents of Chapel East. She stated that this is still being discussed and referred to a meeting with SHA scheduled for July 11.
Mr. Joe Stevens stated that this is a work in progress and the door is not closed.
The President of the Council, Mr. Ford stated that the public record would be left open until at least the second meeting in July.
At 10:37 p.m., the President of the Council closed the public hearing and declared a five minute recess.
RECONVENE
At 10:44, the President of the Council reconvened the regularly scheduled meeting.
BE A STAR SUMMER PROGRAM
Ms. Jackson-Amis discussed summer activities that will start Wednesday at Be a Star. She stated that some culminating activities will take place at Moton Park. Ms. Jackson-Amis asked that the water provision be looked at. She stated that Be a Star is taking additional young people from 8:00 a.m. to 4:00 p.m. for recreational programs with Ms. Dale Potter with 4:00 p.m. to 6:00 p.m. for their regular program. She asked the Mayor to go back to the drawing board and consider a program next year without fees.
AMENDED RESOLUTION NO. 5884, THE BUDGET FOR THE TWELVE MONTH PERIOD FROM JULY 1, 2006
Mr. Ford briefed on the changes incorporated from the workshop.
Ms. Jackson-Amis asked that the budget be voted on with the Events Coordinator line item omitted.
Mr. Ford made a motion to pass the budget Resolution No. 5884 as presented seconded by Ms. Scott-Taylor and passed 3 to 2 with Ms. Jackson-Amis and Mr. Wendowski voting no.
Ms. Jackson-Amis asked the Town Attorney to directly review the information and do it in such a way that she can understand that there is a basis for her concern.
Mr. Jensen suggested Ms. Jackson-Amis write a letter to the Ethics Commissions with her concern.
ORDINANCE NO. 501, “AN ORDINANCE TO PROVIDE FOR THE RAISING BY TAXATION THE AMOUNT NECESSARY TO PAY THE ORDINARY EXPENSES OF THE TOWN OF EASTON AND TO PROVIDE FOR THE PAYMENT OF INTEREST ON THE VARIOUS BOND ISSUES AND THE REDUCTION OF CERTAIN BONDS AND NOTES FOR THE PERIOD OF TWELVE MONTHS AND SETTING THE INTEREST AND PENALTY FOR DELINQUENT BILLS, COMMENCING ON JULY 1, 2006 AND ENDING JUNE 30, 2007”
Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and passed 3 to 2 with Ms. Jackson-Amis and Mr. Wendowski voting no.
ORDINANCE NO. 502, “AN ORDINANCE OF THE TOWN OF EASTON AMENDING SECTION 11-21 OF THE EASTON TOWN CODE BY AMENDING THE FEES FOR THE COLLECTION OF REFUSE BY THE TOWN”
The Town Attorney stated that this is emergency legislation and will become effective July 1 to reflect an increase in the tipping fees at the Mid Shore Landfill otherwise the costs would have to be borne out of the town’s General Fund.
Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried, Ordinance No. 502 was passed unanimously following a roll call vote.
LETTER FROM DR. MARY S. DESHIELDS, EASTERN SHORE ONCOLOGY REQUESTING COMMERCE STREET NAME CHANGE DUE TO THE EXISTENCE OF COMMERCE DRIVE
LETTER FROM MS. MARGOT SPIES, RN, BSN, OCN, EASTERN SHORE ONCOLOGY REQUESTING CONSIDERATION OF COMMERCE STREET NAME CHANGE
The President of the Council referred the matter to the Planning and Zoning Commission for a recommendation.
APPROVAL OF INVOICES TOTALING $497,270.14
Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried unanimously, invoices totaling $497,270.14 were unanimously approved for payment.
CLOSED SESSION
At 11:28 p.m., upon motion by Mr. Jensen, seconded by Ms. Scott-Taylor and carried unanimously; the President of the Council convened the regularly scheduled meeting in Closed Session for the advice of counsel.
ADJOURNMENT
Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried unanimously; the President of the Council adjourned the regularly scheduled Council meeting at 11:37 p.m.
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Town Clerk