TOWN OF EASTON, MARYLAND
Easton Town Hall
14 S. Harrison Street
March 5, 2007
Ms. Maureen Scott-Taylor Ms. Moonyene Jackson-Amis
Also in attendance were the Town Manager Mr. Karge, Town Attorney Mr. Kehoe, Chief Blue, Economic Development Coordinator Mr. Bond, Town Planner Mr. Hamilton and Town Clerk Mrs. Ruf.
At 7:00 p.m., the President of the Council, Mr. Ford called the meeting to order.
Ms. Scott-Taylor opened the meeting with prayer and led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES OF FEBRUARY 20, 21, 23, 2007 MEETINGS
Upon motion by Ms. Scott-Taylor seconded by Mr. Wendowski and carried unanimously, minutes of the February 20, 21, 23, 2007 meetings were approved.
EASTON VOLUNTEER FIRE DEPARTMENT REPORT
Mr. C. Eugene Butler was present to report on the Fire Department’s activities.
ITEMS BY MAYOR WILLEY
Mayor Willey was excused.
ITEMS BY THE TOWN MANAGER
The Town Manager, Mr. Karge discussed Moody’s formal rating of A3 which was received today and the negative outlook which has been removed due to the steps that have been taken recently as well as the long term plan.
ITEMS BY THE CHIEF OF POLICE
Chief Blue asked for approval for the following Public Assembly Permits recommended by the Easton Police Department:
1) March 10, Talbot Kid’s 5K Fun Run
2) March 17, St. Patrick’s Day Parade and Potato Race
3) April 7, Town of Easton Easter Egg Hunt, Courthouse area and Thompson Park
4) April 14 – December 22, Farmer’s Market
5) May through September, Antiques Easton, Lot 1 on Sundays
6) May 5, Multicultural Festival, Idlewild Park
Upon motion by Mr. Jensen seconded by Mr. Wendowski, the Public Assembly Permits were carried unanimously.
ITEMS BY THE ASSISTANT TO THE TOWN ENGINEER
Mr. Ford requested information on curbside recycling in Easton and how we might move forward.
Discussion occurred regarding flooding on Dover Road and the easement issue.
Ms. Jackson-Amis asked Mr. Hause to contact the Environmental Justice Sustainable Communities Committee to see if they have any money to help find a solution to the flooding issue in that region.
Ms. Jackson-Amis asked Mr. Hause to get a ball park figure to see what it might cost to lift the two houses that flood near Wesleyan Church.
ITEMS BY THE TOWN PLANNER
The Planning and Zoning Commission agenda for March 15 will include the following applications:
1) Residential project on Aurora Street to build a 22 unit project.
2) Londonderry Port Street project for 41 units.
3) Growth Allocation for Londonderry project.
The Board of Appeals has three hearings on March 27.
1) Hearing for multi-family use and variance project on 20 S. Aurora Street.
2) YMCA request for a small expansion with setback issues to be addressed.
3) Starbucks proposed on Arcadia Street and Route 50. They are asking for a sign variance and a minor encroachment of a drive-thru canopy into the setback.
Mr. Hamilton stated that the hearing date will be re-scheduled for the Schwaninger annexation due to the necessity to introduce a drafted revised resolution.
ITEMS BY THE TOWN ATTORNEY
Mr. Kehoe, the Town Attorney requested a Closed Session for:
1) Discussion of a matter pertaining to a proposal for a business to remain or expand in the state.
2) Advice of legal counsel.
3) Consultation of staff concerning potential/actual litigation.
ITEMS BY THE ECONOMIC DEVELOPMENT COORDINATOR
Mr. Bond asked for approval for the Town of Easton to ask as a conduit for the loan from Community Legacy for Town Façade Improvement program. The total grant is in the amount of $45,000; $15,000 each property owner and the Town of Easton can put a lien on the property owner’s property.
Upon motion by Ms. Scott-Taylor seconded by Mr. Jensen, approval for the Town to act as a conduit was carried unanimously.
ITEMS BY THE TOWN MANAGER
The Town Manager, Mr. Karge requested permission to leave the current carrier of the Town’s Section 457 Deferred Compensation Plan as recommended by the Joint Insurance Commission and move to John Hancock Retirement Services Plan.
Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously, permission was granted.
MR. MARK SANSOME TO ADDRESS COUNCIL REGARDING DRAINAGE ISSUES
Mr. Sansone presented a report by Sussex Environmental Health Consultants regarding drainage issues on his property. He asked what steps have been taken regarding the flooding behind his home.
Mr. Hause distributed a report from the Mr. Jerry Friedel, explaining the problem and identifying three separate solutions offering his recommendation as to the solution he considers being most cost effective and most likely to bring substantial relief to Mr. Sansone’s situation.
The Town Attorney asked Mr. Sansone to report to Mr. Hause his comments after reviewing the report. Mr. Kehoe stated that the Council needs to read the report and advise Mr. Hause who will in turn talk to Mr. Friedel who will speak with Mr. Sansone about what steps the Town can take to correct the situation. Recovery of part of a contribution from contractors and other parties was discussed.
Mr. Sansone asked to be notified if his property is wetlands or in the flood plain.
MEMO FROM ASST. TO TOWN ENGINEER REGARDING “NO PARKING” ON KELLY GIBSON STREET
Mr. Hause discussed complaints from residents that live in the Graham’s Park project that try to back out of their driveways when there is a car parked on the street. Mr. Hause recommended that the street be posted “No Parking” on both sides of the street from Bennie Smith Funeral Home south to South Street due to the street being 20’ wide to allow vehicular traffic to driveways.
Mr. Hause discussed the lack of curb cuts on the eight Habitat homes.
Ms. Jackson-Amis asked that this discussion be tabled until the neighborhood is canvassed.
Ms. Jackson-Amis stated that she will call a meeting and asked the Assistant to the Town Engineer attend.
PUBLIC HEARING TO DISCUSS A PROPOSED AMENDMENT TO THE TOWN OF EASTON’S SUBDIVISION REGULATIONS; SECTION 708 COMMUNITY PARKS
At 9:01 p.m., the President of the Council opened the Public Hearing.
A letter from Mr. John Atwood, Chairman of Planning and Zoning Commission was entered into the Public Record stating that the reason the Commission did not recommend the amendment was due to an issue of timing. The Commission felt it was too soon to amend the Plan.
Mr. Thomas discussed the proposed amendment to the Subdivision Regulations. He stated that that it was the desire to pursue one potential change to the Subdivision Regulations that is before the Council tonight. He stated when previously adopted, one of the major concerns of the Commission and the staff was over open space, parks and environmental protection areas. The Commission proposed three basic changes to the way it deals with those areas. The first change was To explicitly require that all parks be usable ground. The second to prohibit any environmental protection areas or their buffers from being included in private lots and the third was to require 35% open space in all subdivisions. Since doing that, the Planning and Zoning Commission has only seen a few subdivisions in the last year. However, neither one of the subdivisions achieved the 35% open space requirement and in fact the Commission waived the requirement each time that they were reviewing the subdivision so the Commission feels they can alleviate the 35% open space requirement as they are achieving what they hope to achieve. Mr. Thomas stated that there is nothing suggested to be added but just to delete some of the language in Section 708 of the Subdivision Regulations.
Mr. Jensen clarified that it would be required to give 1,200 square feet per dwelling unit for a park and wetlands and stormwater management ponds do not count towards the 1,200.
Mr. Thomas stated that is correct.
Ms. Jackson-Amis stated that the 35% serves as a caveat and she does not think we should get rid of it as it is helpful.
Ms. Scott-Taylor asked what constitutes a subdivision.
Mr. Thomas stated that the division of land so two or more.
Ms. Scott-Taylor asked how this relates to in fill development such as the project that is coming up in her ward for a 22 unit PUD.
Mr. Hamilton stated that that proposal would have a requirement for 20% open space.
The President of the Council asked for public comments.
There were none.
At 9:11 p.m., the President of the Council closed the Public Hearing. He stated that comments would be accepted until the close of business on Friday.
LETTER FROM MR. CARSEVELT LANHAM, JR. STORE MANAGER, WAL MART REQUESTING UTILIZATION OF 40 PARKING SPACES AT THE END OF THE PARKING LOT FOR LAWN AND GARDEN BAG GOODS AND LANDSCAPING STONE.
The President of the Council referred Mr. Lanham’s request to the Planning Department for a recommendation. Mr. Hamilton stated that this is what the temporary use section in the Zoning Ordinance is directed to.
LETTER FROM MR. JOHN A. ATWOOD, CHAIRMAN, EASTON PLANNING AND ZONING COMMISSION REGARDING THE PROPOSED COMPREHENSIVE PLAN AMENDMENT FOR CLIFTON INDUSTRIAL PARK
Mr. Ford stated that this letter is to discuss the Planning Commission’s position on the proposed Comprehensive Plan amendment for Clifton Industrial Park which is the subject of the public hearing scheduled for 7:45 p.m.
PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE TOWN OF EASTON’S COMPREHENSIVE PLAN; REVISING GROWTH AREA MAP TO DESIGNATE CLIFTON INDUSTRIAL PARK AS A PRIORITY ONE GROWTH AREA; AND REVISING FUTURE LAND USE MAP TO CLASSIFY ONE PARCEL IN CLIFTON INDUSTRIAL PARK AS COMMERCIAL.
Mr. Thomas discussed the letter from the Planning and Zoning Commission enclosed in the packet. He stated that they were divided on the issue due to the timing; specifically they felt it was too soon to amend the Plan and furthermore, the property owners involved should have know when the previous Plan was being drafted that they might need to annex into the town in this time frame and should have requested Priority One Designation for the Planning Commission’s Consideration.
Mr. Thomas stated that the staff believes a change to Priority One Growth Area is warranted by the fact that the language that describes what the language what the various Priority Growth Areas mean, describes the Clifton Industrial Park. He stated that the Planning Department recommended that it be approved.
Mr. Ford stated that this was a non-binding recommendation.
Mr. Kehoe clarified that this comes to the Council procedurally with the Planning Commission rejecting the proposal and the Council can overrule with four out of five votes.
Mr. Bond stated that the Planning and Zoning Commission were interested later in re-opening the matter as a result of their deliberations. He summarized why it should be a Priority One and discussed the urgency of the process of the change due to the significant number of jobs at stake. Mr. Bond discussed the $850,000 grant available today and stated that it may not be available in the future.
Mr. Ford stated that if there has ever been a reason to alter the Comprehensive Plan in midstream, the Council is faced with that tonight.
Ms. Jackson-Amis asked if the jobs at risk are local.
Mr. Bond stated that the employees have been in the area for many years and have remarkable retention rates. Many of the employees live within our community and trade area.
Ms. Jackson-Amis stated that the businesses in that area are suspected to be in the town limits already. She stated that human error would have put this area in the Priority One designation.
Ms. Scott-Taylor stated that she agrees wholeheartedly with Mr. Ford and Ms. Jackson-Amis and stated that these businesses are outstanding corporate citizens. She stated that the jobs need to stay here where they belong.
Mr. Clyde Kelly, Kelly Distributors stated that he has been here since 1987. He stated that he is in the shadow of the new water tower and can’t hook up and wants to make a plan and vision for his business but can’t expand. He formally requests the Council to support these businesses for this annexation.
Mr. Chris Marvel, Easton Steel stated that he has been in the Industrial Park for numerous years. He has 2.8 acres and their growth has outgrown the size of the lot. He stated that he cannot expand and keep their sewage reserve area unless they add town water and sewer. Mr. Marvel stated that they are in dire straights.
Mr. Fred Ireland stated that he has been in the Park since 1971. He stated that he leases most of the building at full capacity. Mr. Ireland stated that he is there to stay and he would like to have the Council back them up. He stated that he has to have the septic pumped one time each month at a cost of $186.
Mr. Jay Chance, Chance Construction stated that he cannot expand on any of his 4 ½ acres. He bought the previous Aqua Pool site because they could not expand. Mr. Chance stated that being on town water and sewer would enable him to expand. He stated he is fully leased mostly because he told the tenants the space has the potential to come into the town.
Mr. Tony Redmond, Redmond Johnston Associates testified in support of this action on behalf of Mr. Rodney Spring, one of the affected property owners. He stated he was County Planning Director from 1977 until 1984 and was shocked that the site was in his jurisdiction; not the Town of Easton’s. Mr. Redmond stated that this is an opportunity for the Town to make this change in the current Comprehensive Plan and ultimately lead to annexation with the provision of sewer and water to solve what could be an environmental health problem. He stated that it is great to see annexation occur without a proposal that changes any great way the face of the community or the landscape of the community. Mr. Redmond stated he was familiar with Easton’s Comprehensive Plan and designating this a Priority One designation would be consistent with the current Comprehensive Plan.
At 9:33 p.m., the President of the Council closed the Public Hearing.
Mr. Jensen requested that the resolution be voted on this evening.
Mr. Wendowski stated that he has a problem and prefers that the entire area be Industrial and then at a future date change the zoning on a particular piece.
Mr. Kehoe stated that you can consider as you annex property if you decide to annex what zoning classification to put on a property. He stated that it may require approval by the County Council.
Mr. Wendowski stated that he has no problem moving that piece into Priority One.
Mr. Kehoe stated that the Resolution is pertaining to the Priority One issue not the zoning issue.
Mr. Wendowski seconded Mr. Jensen’s motion.
RESOLUTION NO. 5901, “A RESOLUTION OF THE EASTON TOWN COUNCIL ADOPTING AMENDMENTS TO THE 2004 TOWN OF EASTON COMPREHENSIVE PLAN REVISING THE GROWTH AREA MAP FOUND BETWEEEN PAGES 184 AND 185 OF SAID PLAN”
Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried, Resolution No. 5901 was passed unanimously following a roll call vote.
PETITION FOR ANNEXATION
Mr. Ramone Gross, Armistead Griswold Lee & Rust PA introduced a petition for annexation from a majority of the Clifton Industrial Park owners. He asked that the petition be forwarded to the Planning Commission for the next regularly scheduled meeting for review on March 15 meeting.
Mr. Hamilton stated there are two items on the agenda and this matter can be added.
Mr. Gross asked that the Public Hearing be scheduled on May 21 at 7:15 p.m.
The President of the Council set the Public Hearing for May 21.
ITEMS BY MEMBERS OF THE COUNCIL
Mr. Ford proposed a series of Affordable Housing information meetings in the Council’s chambers open to the general public.
Ms. Jackson-Amis will continue with the church meetings.
Ms. Jackson-Amis asked for legal advice of Counsel on two issues and asked if there is a meeting scheduled for this month regarding the Avalon Theater. She asked the Town Manager to schedule a meeting for the purpose of determining the public use of the facility among other things.
The Town Manager stated that the Mayor indicated he would set the meeting near the end of the month to focus on the lease renewal.
Ms. Jackson-Amis asked for a workshop meeting regarding the use of the facility and the relationship to the Town are issues she would like addressed.
CLOSED 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 the regular scheduled meeting into Closed Session to discuss business retention, legal advice and personnel.
At 11:06 p.m., upon motion by Mr. Wendowski seconded by Mr. Jensen and carried unanimously; the President of the Council adjourned the Closed Session.
ADJOURNMENT
At 11:07 p.m., the President of the Council adjourned the regularly scheduled Council meeting.
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Kathy M. Ruf, Town Clerk