TOWN OF EASTON, MARYLAND

Easton Town Hall

14 S. Harrison Street

April 2, 2007

 

PRESENT AT CONVENING

 

Mayor Robert C. Willey                                                           Mr. Scott R. Jensen                             

President of Council John F. Ford                                             Mr. Leonard E. Wendowski, Sr.

Ms. Maureen Scott-Taylor                                                       Ms. Moonyene Jackson-Amis

 

IN ATTENDANCE

 

Also in attendance were the Town Manager Mr. Karge, Town Attorney Mr. Kehoe, Town Planner Mr. Hamilton, Long Range Planner Mr. Thomas and Town Clerk Mrs. Ruf.

 

CONVENING

 

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 MARCH 5, AND MARCH 19, 2007 MEETINGS

 

Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried unanimously, minutes of the March 5 and March 19 meeting were approved with corrections as submitted by Ms. Jackson-Amis.

 

EASTON VOLUNTEER FIRE DEPARTMENT REPORT

 

Mr. C. Eugene Butler reported on the Fire Department’s March activities.

 

Mr. Wendowski asked Mr. Butler to inquire if the Fire Department’s engines could operate on bio-diesel.

 

LETTER FROM RESIDENTS OF GRAHAM’S PARK ASKING THAT THE STREET NOT BE RE-OPENED DUE TO SAFETY CONCERNS

 

Mr. Dana Gibson, 38 Kelly Gibson Street was present and discussed the residents’ concerns. He asked that the bollards not be removed due to safety concerns. He stated that they want to control the community and the traffic. Mr. Gibson suggested yellow striping on the corner of South Street to Kelly Gibson Street.

 

Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor, approval was granted for striping and a curb to alleviate parking problems.

 

RESOLUTION NO. 5903, “A RESOLUTION TO ANNEX CERTAIN LANDS OWNED BY DORIS SCHWANINGER TO THE TOWN OF EASTON LOCATED ON THE EAST SIDE OF U.S. ROUTE 50, CONSISTING OF 56.24 ACRES, MORE OR LESS, AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE ANNEXATION.”

 

ORDINANCE NO. 510, “AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF EASTON TO APPLY AN ORIGINAL ZONING CLASSIFICATION OF R-7A RESIDENTIAL DISTRICT TO A PARCEL OF LAND ANNEXED TO THE TOWN OF EASTON LOCATED ON THE EAST SIDE OF US ROUTE 50, CONSISTING OF 52.35 ACRES OF LAND, MORE OR LESS, IDENTIFIED AS PARCEL 265 OF TALBOT COUNTY TAX MAP 42.”

 

The President of the Council introduced Resolution No. 5903 and Ordinance No. 510 for a first reading. Mr. Ford set the annexation public hearing for May 21 at 7:45 p.m.

 

MR. DAN ESH TO UPDATE COUNCIL ON PROGRESS OF AMISH COUNTRY FARMER’S MARKET PR0JECT

 

Mr. John Hurt, LLD Commercial Real Estate was present to introduce Mr. Dan Esh.

 

Mr. Dan Esh was present to discuss the Amish Country Farmer’s Market project. He thanked the Council for the opportunity to be a part of the community. Mr. Esh invited the Council to stop in and see the project. Mr. Esh stated that they hope to open in four to five weeks. He discussed the vendors that will be in the building. They plan to be open Thursday and Friday 9:00 a.m. to 6:00 p.m. and Saturday 9:00 a.m. to 3:00 p.m.

 

MS. LINDA EVANS, REPRESENTATIVE OF NATIONAL MEDICAL IMAGING, OPEN MRI & ULTRASOUND PRESENT TO DISCUSS NATIONAL MEDICAL IMAGING’S 5TH ANNIVERSARY

 

Ms. Evans invited the Mayor and Council to attend a Fifth Anniversary Celebration Thursday, April 5; 7:00 p.m. to 9:00 p.m. at their Cynwood Drive facility.

 

MR. DAVE MCQUAY, TALBOT COUNTY FIREMEN’S ASSOCIATION TO ADDRESS COUNCIL REQUESTING CODE REQUIREMENT OF RESIDENTIAL FIRE SPRINKLERS IN NEW HOMES

 

Mr. McQuay, Maryland State Firemen’s Association Residential Fire Sprinkler Initiative Committee asked that the Town of Easton consider mandating sprinklers in new residential homes. He stated the cost associated would be approximately $1.25 to $1.50 per square foot on the average home. Mr. McQuay discussed the benefits and safety associated with required sprinklers. In Maryland, five counties and 13 municipalities have ordinances in place requiring sprinklers. He stated that St. Michaels, Denton and Cambridge have passed similar legislation.

 

Captain Jamie McNeal, Easton Volunteer Fire Department was present on behalf of the Fire Department in support of mandatory sprinklers in residences.

 

Mr. Jensen asked for a sample ordinance.

 

ITEMS BY THE MAYOR

 

Mayor Willey reminded the Council of the upcoming budget workshops. He stated that the budget requests are currently $16 million over the projected revenue.

 

Ms. Jackson-Amis discussed concerns from the Douglass Landing residents and the need for clear lines of communication and demarcation in order for citizens to know how to have issues resolved ward by ward. Ms. Jackson-Amis asked that employees be notified of any procedural changes regarding the ability to voice their concerns.

 

ITEMS BY THE TOWN MANAGER

 

Mr. Karge brought to the floor a request for a Public Assembly Permit for Neighborhood Summerfest on June 9 at Moton Park. The Public Assembly Permit was recommended by Easton Police Department with a condition for Parks and Recreation Department to approve the use.

 

Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously, approval was granted subject to approval by Parks and Recreation.

 

RESOLUTION NO. 5905 AUTHORIZING THE TOWN MANAGER TO MAKE BUDGET ADJUSTMENT TO FULFILL THE SCHEDULED STREET PAVING

 

Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously, Resolution No. 5905 was passed following a roll call vote.

 

Mr. Karge notified the Council of damage on fields at North Easton Sports Complex due to overuse. He discussed the enhanced effort that will take place to restrict unauthorized use in order to maintain the Town’s asset. Mr. Karge stated that posted rules of the park are also being violated.

 

ITEMS BY THE TOWN ATTORNEY

 

Mr. Kehoe asked for a Closed Session for legal advice and a matter that concerns a business to remain or relocate to the town.

 

The Town Planner stated that he had not received the documents for the Clifton annexation in time for this meeting but would be introduced at the subsequent meeting.

PUBLIC HEARING TO DISCUSS PROPOSED AMENDMENTS TO THE TOWN’S ZONING ORDINANCE AS THE RESULT OF THE PLANNING COMMISSION’S ANNUAL REVIEW OF THE ZONING ORDINANCE

 

At 8:20 p.m., the President of the Council opened the public hearing to discuss the proposed amendments.

 

Mr. Lynn Thomas discussed the proposed amendments to the Zoning Ordinance. He stated that they are housekeeping type amendments; cleaning up some things that were omitted when the Comprehensive Plan was completed. Specifically the 2007 amendments would:

 

  • Add a minimum required storage area of 800 sq. ft. per service bay for the long-term storage of vehicles at an Automotive Repair Garage/Gasoline/Service Station.
  • Add a 100’ stream buffer for perennial or intermittent streams not located within the Critical Area.
  • Correct outdated references in the Ordinance (referring to a previous version of the Ordinance which was recodified and therefore the references are now obsolete).
  • Delete language in the Planned Redevelopment Overlay District which establishes approval deadlines which are in conflict with the site plan/subdivision standards which should apply to these projects.
  • Correct a formatting error in the Planned Redevelopment Overlay District.  Specifically there are two subsection 601 F’s, one of which applies findings/standards which do not apply to applications in this district.
  • Add a provision allowing non-profit organizations to host temporary (1 or 2 day) sales on the premises of the organization.
  • Add the use “Tattoo Parlor” to the Table of Permissible Uses as a Special Exception in the CG Zoning District (prohibited in all other districts) and subject to Supplemental Standards requiring (1) a 500 foot separation from any property used as a “School, College, or University,” “Day Care, Group,” “Day Care, Small Group,” any residentially zoned parcel of land, or Idlewild, North Easton Park, or the Rail/Trail and (2) that the applicant meet all applicable State Licensing and local Health Department requirements.
  • Revise the Planned Redevelopment Overlay District Review procedures to require Town Council Review of projects which propose to increase the density more than two times that which is either permitted by the underlying zoning district (for new development) or which exists on the property subject to the application (in the case of redevelopment).
  • Rezone the area shown on the map below from CG to CR.
  • Revise the Table of Permissible Uses to indicate that the Use “Mini-warehouse” is only permitted in the I-1 or I-2 zoning districts and add new architectural/design supplemental standards for this use.
  • Revise the recently enacted nearby property owner notification standards to allow the notices to be sent by the Planning Office by First Class Mail.
  • Amend the Table of Permissible Uses for the use “Restaurant, sit down” to allow for the possibility of sales of wine off premises if in accordance with the establishments liquor license.  Also amend the definition of “liquor store” so as to clarify that this type of establishment should not be construed to be a liquor store.
  • Amend the Site Plan Review process to make it clear that very minor or simple requests may be reviewed by a simplified process (as is the case with site plans for single family homes).
  • Add provisions for the review of Town projects as described in Section 3.08 of Article 66B to the list of the Planning Commissions Powers and Duties.
  • Correct an omission in the Ordinance from the last Comprehensive Revision whereby a previous amendment abolishing the Parking Tax District and exempting properties in the CR Zoning District from off street parking requirements was left out.

 

Mr. Jensen asked the Town Attorney if the Ordinance could be amended. The Town Attorney stated that after the Public Hearing, you would move to amend the Ordinance and either have to go back to the Planning Commission and have another public hearing if the Planning Commission had not considered the amendment or amend the ordinance with the minor change.

 

Mr. Thomas discussed the PRD process.

 

Mr. Hamilton stated that there is some confusion how the ordinance is written right now.

 

Mr. Jensen stated that he would like to see the Town get some stakeholders and talk about this.

 

 

The President of the Council opened the public hearing for audience comments.

 

Ms. Priscilla Morris, 702 South Street read a letter from Mr. Joe Minarick, President of East End Neighborhood Association. She stated that the East End Neighborhood Association thinks it makes sense to take the higher densities to council review. They also recommended amendment of the site plan review process to make it clear that minor or simplified requests can be reviewed by a simplified process (as is the case with site plans for single family homes) but requested samples of simplified requests. EENA requests the zoning ordinance be expanded to include examples of the types of informational requirements and simple requests that can be waived or reviewed based on the standards and procedures for a single family home. EENA asked that there be specification that off-street parking shall not be required for projects located in the CR Zoning District. Ms. Morris passed out a map with current CG zoning proposing the rezoning of areas shown on the attached map from CG to CR. Ms. Morris stated that the East End Neighborhood Association has walked the area and they would like the amendment of Point No. 11 and expand it; go back and clean up the whole east-end; rail-trail, August Street and East Dover and bring it all to an appropriate CR zoning except for those items checked on the map on August Street and two on Goldsborough street which are residential properties.

 

The Town Attorney stated that these requests would have to be sent to the Planning Commission and then a Public Hearing would have to be held.

 

At 9:10 p.m., the President of the Council closed the Public Hearing and left the record open for written comments until the close of business Friday.

 

Mr. Jensen made a motion to send East End’s requests to convert properties back to residential zoning to the Planning and Zoning Commission seconded by Mr. Wendowski and carried unanimously.

 

Mr. Thomas stated that he will add that to the upcoming meeting as items from staff if not a regular agenda item.

 

LETTER FROM MR. JOHN ATWOOD REGARDING REQUEST FROM EASTON PLANNING AND ZONING COMMISSION TO REVISE THE TOWN OF EASTON’S COMPREHENSIVE PLAN TO CHANGE THE GROWTH AREA MAP DESIGNATION FOR THE TALBOT COMMERCE PARK FROM PRIORITY 3 GROWTH AREA TO A PRIORITY 1 GROWTH AREA

 

Mr. Hamilton discussed the history of the request. He stated that all the requests are for taking areas that are outside of the town that were not Priority 1.

 

The President of the Council set the Public Hearing for April 16 at 7:15 p.m.

 

LETTER FROM MR. JOHN ATWOOD REGARDING PUD APPLICATION FOR PROPERTY OWNED BY BORROR CORPORATION FOR A 22 UNIT TOWNHOUSE PROJECT LOCATED OFF OF SPRINGDALE STREET GENERALLY BEHIND ELLIOTT-WILSON TRUCKING SITE ON NORTH AURORA STREET

 

The Town Planner stated that the Planning and Zoning Commission has reviewed this application and forwarded a favorable request.

 

The President of the Council set the Public Hearing for May 21 at 7:15 p.m.

 

MAY 7 REGULARLY SCHEDULED COUNCIL MEETING RE-SCHEDULED FOR MAY 8

 

The President of the Council stated that the Town Election will be held May 7 therefore, the regularly scheduled Police Board meeting, Town Council meeting and Budget Public Hearing will be held Tuesday, May 8.

 

ITEMS FROM MEMBERS OF THE TOWN COUNCIL

 

Mr. Jensen asked the Town Manager if there was an ordinance prohibiting the use of indoor furniture being used outside such as sofas. Mr. Karge was not aware of any such ordinance. Mr. Jensen asked the Town Manager to check with the Codes Enforcement Department about an ordinance.

 

Ms. Jackson-Amis stated that she has been assigned by the Attorney General to a task force to address voter suppression in the state.

 

Mr. Ford discussed the Affordable Housing Workshops and the Home Buying seminars scheduled for April 10 and April 17 which are requisite meetings to be considered for the program.

 

AUDIENCE COMMENTS

 

Ms. Carolyn Jaffe, August Street discussed the east end cleanup efforts and the cooperation with public works. She stated that this was an effective partnership.

 

CLOSED SESSION

 

At 9:29 p.m., upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously, the President of the Council convened the regularly scheduled Council meeting into Closed Session for the advice of legal counsel and the retention of business.

 

ADJOURNMENT

 

Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously, the President of the Council adjourned the regularly scheduled meeting at 10:32 p.m.

 

______________________________________

Kathy M. Ruf, Town Clerk