TOWN OF EASTON, MARYLAND
Easton Town Hall
14 S. Harrison Street
October 16, 2006
Also in attendance was Town Attorney Mr. Kehoe, Chief Blue, 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.
APPROVAL OF MINUTES OF OCTOBER 2, 2006 MEETINGS
Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried unanimously, minutes of the October 2, 2006 meetings were approved as written.
PRESENTATION OF PROCLAMATION FOR NATIONAL CHARACTER COUNTS WEEK
Ms. Susan Luby and Mrs. Betsy Willey were present to receive a Proclamation for National Character Counts Week.
INTRODUCTION OF MEMBERS OF BOY SCOUTS OF AMERICA TROOP 190 AND PRESENTATION OF PROCLAMATION
Mr. Jensen presented a Proclamation to Scout Master Jay Hawkins and members of Troop 190.
(Ms. Jackson-Amis arrived at 7:02 p.m.)
ITEMS BY MAYOR WILLEY
Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried, Mr. Michael Weise and Mr. Otis Sampson were reappointed to the Park Board and Mr. Larry Neviaser was reappointed to the Housing Trust Board.
Ms. Jackson-Amis proposed a change in the Zoning Ordinance that would increase the number of members by two to the Historic District Commission.
Mayor Willey stated that it could be changed but he is not suggesting that the amount of Board members be increased.
Mr. Jensen, Mr. Wendowski and Mr. Ford did not support Ms. Jackson’s suggestion to increase the Board members to nine on the Historic District Commission.
Ms. Jackson-Amis asked Mr. Kehoe to consider other alternatives to having Ms. Minarick re-appointed to the Historic District Commission.
DISCUSSION ON PORTABLE BASKETBALL HOOPS
Mayor Willey discussed recent telephone calls regarding basketball being played on streets and causing concern from the community and with the police department.
Chief Blue stated that the Department has looked for the hoops.
Mr. David Stephens, 609 South Street was present to discuss basketball activity in the neighborhood.
Ms. Jackson-Amis stated that she does not think a permit or an ordinance is necessary to prohibit this activity.
Ms. Elizabeth Lee discussed problems with kids playing when Mr. Stephens is not home. Ms. Lee discussed an ordinance already in place.
Mr. Ford suggested as a Council that the situation be monitored.
Mr. Stephens discussed steps he could take to make the hoop inoperable.
ITEMS BY THE CHIEF OF POLICE
Chief Blue asked for approval of the following Public Assembly Permits:
Upon motion by Ms. Jackson-Amis seconded by Mr. Wendowski and carried; the Public Assembly permits as recommended by the Easton Police Department were unanimously approved.
LETTER FROM MR. ALBERT PRITCHETT, PRESIDENT, WATERFOWL FESTIVAL REQUESTING APPROVAL FOR 2006 WATERFOWL FESTIVAL TRANSPORTATION PLAN
Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously, the 2006 Waterfowl Festival Transportation Plan was approved.
ITEMS BY THE ASSISTANT TO THE TOWN ENGINEER
Mr. Hause discussed the partial closing of Idlewild Avenue from Friday, 6:00 a.m. to 5:00 p.m. from Aurora Street to the east of rails-to-trails due to the scheduled removal of the inactive water tower which will be removed Thursday and Friday. He stated that the stamped crosswalk will be put in while the street is closed.
Mr. Hause discussed the sidewalk project on Goldsborough Street which will start next week
Discussion occurred regarding the approval process for vendors.
MEMO FROM MR. MICHAEL J. DICKERSON, PUBLIC WORKS SUPERINTENDENT REGARDING BID FOR NEW 2007 FRONT END LOADER
Mr. Hause stated that this is in the budget and is a replacement loader. He stated that there was only one bid for $92,500.
Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried unanimously, approval was granted to accept the bid for the new 2007 front end loader.
ITEMS BY THE TOWN PLANNER
Mr. Hamilton stated that the Planning and Zoning Commission meets Thursday at 1:00 with the following items on their agenda:
The Board of Appeals will hear an appeal for a Special Exception for the St. Mark’s Church expansion project. There will be two members eligible to sit as they are short one member and one has a conflict of interest.
Mr. Hamilton discussed the temporary WaWa construction entrance which will come from Choptank Avenue.
ITEMS BY THE TOWN ATTORNEY
Mr. Kehoe asked for a Closed Session to discuss legal issues.
LETTER FROM MS. MARTHA MURRAY, FLOOR MANAGER, BOUNTIFUL REQUESTING PERMISSION TO HANG BANNER AT TALBOTTOWN SHOPPING CENTER FOR BENEFIT OF COMMUNITY ALLIANCE FOR PERFORMING ARTS
Mr. Jensen made a motion to approve the banner, seconded by Mr. Wendowski and carried unanimously.
PUBLIC HEARING TO CONSIDER RESOLUTION NO. 5893, A RESOLUTION OF THE TOWN OF EASTON REPEALING AND REENACTING, WITH AMENDMENTS, ARTICLE VII OF THE EASTON TOWN CHARTER TO PROVIDE FOR THE OFFICES OF TOWN MANAGER, TOWN FINANCE OFFICER AND TO REDEFINE THE POWERS AND DUTIES OF THE OFFICE OF TOWN CLERK.
At 7:53 p.m., the President of the Council opened the Public Hearing.
The Town Attorney stated that this resolution is an attempt to revise the Town Charter with regard to the way the Town is administered on a day-to-day basis. He discussed the current structure of municipal government and stated that it has been in place since 1906. He stated that this is necessary to make it clear that we have organized ourselves in a way consistent with a way that most municipalities in Maryland do.
Mr. Kehoe stated that most towns our size has a Finance Officer who is someone separate and distinct from the Town Manager whose duties include the supervision and control of the Town’s finances in the way our Town Clerk’s office currently does.
Mr. Kehoe stated that most towns our size also have a Town Clerk or secretary to the Town Council whose job is essentially administrative; keeping the minutes and secretarial.
Mr. Kehoe stated that these changes would be subject to the consideration of the members of the public to file a referendum to put on a ballot issue and if that does not happen, this would become effective 50 days after action by the Council and approval by the Mayor.
Ms. Jackson-Amis discussed her concerns. She stated that Mr. Karge has been doing that work and she understands that position. Ms. Jackson-Amis stated that when you make a Charter change, it should have some longevity. She stated that the positions of Finance Director and Town Clerk should be advertised so the Council has an opportunity to select from a wide pool of individuals. She does not want the positions vested in the office of the Mayor without any kind of opportunity to have a wide variety of people. Ms. Jackson-Amis stated that she is excluding the Town Manager job for Robert Karge from her comments.
Mr. Kehoe stated that the Town Manager and Finance Officer are executive positions. He stated that in the future as these positions are filled, what is suggested by Ms. Jackson-Amis or some variation is followed by whoever is in this room at the time. The office of the Town Clerk, as proposed, is not an executive position but more of a secretarial position.
Ms. Jackson-Amis stated that we should put in the Charter what should be in there to have a stable government but would also allow for us to follow an objective review so that we can have people apply who might not have an opportunity to be considered.
Mr. Jensen stated that he thinks there are two separate issues. He stated that this resolution puts the functions into three positions
Mr. Kehoe suggested enacting an ordinance stating that these are the procedures the Mayor will follow for filling the following positions.
The President of the Council opened the floor for public comments.
Mr. Al Silverstein, Talbot County Chamber of Commerce, stated that the Government Regulatory Committee has looked at the proposed changes and they feel it is time to give the day to day authority to an individual on the Town staff that is responsible to the Mayor. He stated that he has worked in other communities with this type of arrangement and it helps the citizens of the community to know who to go to if the Mayor is not available. He suggested the Council move forward with the Charter change.
Ms. Joyce Delaurentis, 220 South Street stated that she thinks this is a move in the right direction. She stated that she has thought for a long time that the complexity of doing business and the population growth and the diversity of the tasks that the Town has to handle definitely warrants this type of structure.
There being no further comments, at 8:13 p.m., the President of the Council closed the public hearing and left the record open for written comments until close of business on Friday.
MR. DAN SAMS, ADMINISTRATOR OF REHABILITATION TAX INCENTIVES AT THE MARYLAND HISTORIC TRUST TO ADDRESS COUNCIL REGARDING REHABILITATION TAX INCENTIVES FOR INCOME PRODUCING PROPERTIES IN THE HISTORIC DISTRICT
Mr. Bond introduced Mr. Sams from the Maryland Department of Planning. Mr. Bond discussed projects in the Town of Easton that have benefited from the tax incentive program. Mr. Sams discussed the three tax incentive programs available at the state and federal level for the rehabilitation of historic buildings. He discussed eligibility for the programs. Mr. Sams discussed Maryland State Program for Homeowners and the Federal IRS Credit for Rehabilitation Buildings for Depreciated Buildings. He stated that there are some small fees (1% of the tax credit amount) associated with the rehabilitation and you must retain the property for five years. Mr. Sams stated that you do have to complete the project within two years of the application.
MR. MIKE BURLBAUGH TO DISCUSS EASTON VILLAGE AFFORDABLE HOUSING
Mr. Burlbaugh updated on the Easton Village Affordable Housing program. He stated that there are 250 total homes to be constructed in the development with 25 affordable houses and eight off site new homes and five renovations off site. He stated that they have pulled two permits for the affordable houses on site and two permits for off site. They also have a contract for another piece of property on West Street which will account for seven of the eight required off site homes.
LETTER FROM MS. NANCY WELLS, ADMINISTRATOR, WATERFOWL FESTIVAL REQUESTING APPROVAL FOR FOOD CONCESSIONS FOR 2006 WATERFOWL FESTIVAL
Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried, approval was granted for the food concessions for 2006 Waterfowl Festival.
MR. GERRY FRIDEL, P.E., DAVIS BOWEN & FRIEDEL, INC. TO ADDRESS COUNCIL REGARDING TANYARD BRANCH WATERSHED STORM WATER MANAGEMENT
Mr. Fridel discussed the Tanyard Branch draining area and problem areas where flooding has occurred. He discussed the long term portion of the work which would be associated with the east/west connector road. Mr. Fridel stated that they are trying to reduce the impact of new development to a more throttle basis to further manage the area to limit the increase in hydraulic flow to the 60” culvert that is a potential for the back up that is occurring in certain areas. He stated that there is also a study to be recommended with the overall stormwater management concept that will look at some of the older areas of the town which may result in flooding. Mr. Fridel wanted to go on record with the development community stating that there is a problem in this area and we would like to have a stricter management program which would allow for more storage to be placed on the development sites and limit the pre-release rate to the drainage shed. He stated that if the council recommends proceeding, the change in ordinance would be to take the 10 year storm and throttle it to a two year pre-development release rate to push more water into storage. Mr. Fridel wanted to continue with some of the provisions that are already in the existing ordinance to allow people to be more creative.
Mr. Fridel asked that he be allowed to work with Mr. Kehoe and develop an ordinance to get into the 2001 Ordinance that exists in order to have the information available for the developers to utilize. He stated that after that, he could look into funding potentials for long term solutions.
Mr. Fridel stated that he could put together a cost to study the problem which would be an extensive amount of work involved to look at the storm drain situations throughout the Tanyard Branch territory.
Ms. Jackson-Amis asked Mr. Fridel to do that and forward it to Mr. Hause.
Ms. Jackson-Amis discussed drainage issues on Jowite Street and the small alley behind Jowite that accumulates water. She asked Mr. Hause to consider these areas.
Mr. Fridel suggested holding a meeting with the multi-task investors to see what kinds of monies are available.
Mr. Ford asked that when the Draft Ordinance is being considered by Mr. Fridel and Mr. Kehoe, someone should inform the Council about how that ordinance might affect projects that have already been designed and are underway.
CONTINUATION OF PUBLIC HEARING ON THE REQUEST FOR A ZONING MAP AMENDMENT FILED BY BILL STAGG OF LANE ENGINEERING, INC., ON BEHALF OF ELM STREET DEVELOPMENT REQUESTING THE TOWN EXPAND THE PLANNED REDEVELOPMENT (PR) OVERLAY ZONING DISTRICT TO INCLUDE THE PROPERTY AT TAX MAP 103, PARCEL 756. SUBJECT PROPERTY CURRENTLY IS IMPROVED WITH THE CANNERY SQUARE APARTMENT COMPLEX.
At 9:09 p.m., the President of the Council opened the Public Hearing on the request. He stated that he extended the Public Hearing so the applicant could have an opportunity to respond regarding the lack of affordable housing. Mr. Ford wanted the Council members to articulate their positions as they are as well as receive public comments.
Mr. Mike Burlbaugh, Elm Street Development distributed a letter that details the proposal regarding traffic mitigation, traffic contributions and the proposed contribution to the Affordable Housing Fund. Mr. Burlbaugh stated that they have worked on the project for over a year and what they have ended up with is townhouses, condominiums and single family homes. He discussed density bonuses and infill development.
The disposition of the current units was discussed. Mr. Burlbaugh stated that he believes if the project is not approved, the current owners will sell off the units as condominiums.
Mr. Jensen stated that he expects that Cannery Square will be gone in the near future.
Discussion occurred regarding helping current tenants finding new housing.
Mr. Jensen stated that this project is a good balance and was reached by compromise from Elm Street and the neighborhood. He stated the price range for the dwellings in this project are from $200,000 to $400,000 which is comparable to prices of other homes selling in the town of Easton. Mr. Jensen discussed inclusionary zoning.
Ms. Jackson-Amis discussed developers participating meaningfully in the Affordable Housing opportunities. She stated that she does not think developers should be allowed to buy out of the program. Ms. Jackson-Amis discussed relocating current tenants.
Mr. Burlbaugh explained that the $10,000 contribution from Elm Street Development was contributed to help with the traffic study.
Mr. Matt Allen discussed trip data.
Mr. Wendowski stated that he hated to loose the Cannery Square units and hopes that Elm Street will help with the relocation of those tenants. Mr. Wendowski withdrew his objection to the proposal.
Mr. Burlbaugh stated that it would be 18 months or more from now before tenants would need to move.
Ms. Barbara Heatley, Affordable Housing Coalition, stated that normally does not favor cash in lieu of houses but in this instance, there is a different situation. She stated that 10 to 15% inclusionary zoning would net six or seven houses.
Mr. Ford stated that he would like the Council to institutionalize what the Mayor has started.
Mr. Curt Hermann, 519 Goldsborough Street, expressed his support for the proposed project and wanted to let the Council know that developers throughout this entire process have been forthcoming with their ideas. He stated that if the Affordable Housing Ordinance was not on the books when it started, it would be unfair to the developer to hit them after they have gone this far with this. Mr. Hermann stated that this could be a wake up call to get this ordinance finished so all the players on the field understand the rules of the game before they get out there. Mr. Hermann stated that the residents on the 500 block of Goldsborough Street are not owners. He stated that he is in support of the project.
Mr. Bruce Armistead requested that the letter from Easton Associates, LLC regarding
Cannery Square Apartments be made part of the record. Mr. Armistead reiterated that the short term leases at Cannery Square will expire and not be renewed.
Ms. Andrea Poe, 523 Goldsborough Street, read a letter into the record from Ms. Michelle Osborn at 524 Goldsborugh Street in support of the project.
Ms. Poe stated that the neighborhood thinks they need to increase home ownership in the neighborhood and this is an example of workforce housing. She stated that they support the project in general.
Ms. Jackson-Amis discussed using the Comprehensive Plan as a guide. She stated that this project does not address the Affordable Housing concerns. She asked the Council to look at their job as it relates to all the citizens and consider if this is in the best interest of the community and not one particular section of town.
Mr. Ford stated that WaWa was an approval of accommodation resulting in the loss of five affordable homes in order to accommodate a gas/convenience store on Route 50. He stated that this application is revitalization. He stated this application called for extensive participation from the neighborhood from the front. Mr. Ford stated his dilemma is that he agrees with all the comments tonight as he is torn between what he sees as a quality project in an area that needs revitalization and the fact that we need to provide units on the ground that are affordable.
There being no further comments, the President of the Council closed the Public Hearing at 10:13 p.m. and left the record open for written comments until close of business Friday.
MR. MATT ALLEN, WALLACE & MONTGOMERY TO DISCUSS EAST/WEST CONNECTOR ROAD.
Mr. Allen stated that he is present to answer any questions regarding information he disseminated during the last council meeting.
Mr. Allen discussed the next steps necessary to move forward with the consideration of the east/west connector road:
1) Public input.
2) Meeting with State Highway Administration District II to discuss the project; specifically the proposed intersection at Route 50.
Mr. Allen stated that for this road to work, it must have the characteristics of a thru roadway.
Mr. Hause stated that between him and Mr. Allen, the meeting with State Highway Administration will be scheduled.
LETTER FROM CHAPEL FARMS HOMEOWNERS REGARDING SPEED LIMIT IN NEIGHBORHOOD
Chief Blue discussed enforcement efforts and traffic samples.
APPROVAL OF INVOICES TOTALING $639,642.66
Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried, invoices totaling $639,642.66 were unanimously approved for payment.
ADJOURNMENT
At 10:35 p.m., upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously, the President of the Council adjourned the regularly scheduled Council meeting.
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Town Clerk