IN ATTENDANCE

Also in attendance were the Town Attorney Mr. Kehoe, Town Manager Mr. Karge and Town Clerk Mrs. Ruf.

CONVENING

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 OCTOBER 15, 2007 MEETINGS

Upon motion by Ms. Jackson-Amis seconded by Mr. Jensen and carried; minutes of the October 15, 2007 meeting were approved with corrections as submitted by Ms. Jackson-Amis.

EASTON VOLUNTEER FIRE DEPARTMENT REPORT

Mr. Tim Knotts was present requesting Mayor and Council approval to dedicate the two active fire stations to Mayor Henry C. Purdy and Mayor C. Eugene Butler during 2008 as part of your bicentennial celebration.

Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously, approval was granted.

APPOINTMENT OF MRS. LORRAINE GOULD AS PARKS AND RECREATION DIRECTOR

Upon motion by Ms. Jackson-Amis seconded by Mr. Jensen and carried unanimously; Mrs. Lorraine Gould was appointed Parks and Recreation Director for the Town of Easton.

ITEMS BY THE TOWN MANAGER

Mr. Karge received a request from Mr. Mel Newell from the Lions Club requesting permission to use a portion of Potter’s to sell Christmas trees commencing December 1.

Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously, permission was granted for the Lions Club to sell Christmas trees on town property.

REQUEST FROM PRESIDENT RICK VANEMBURGH, OPTIMIST INTERNATIONAL REQUSTING PERMISSION TO PUT AN OPTIMIST INTERNATIONAL ROAD SIGN AT THE WELCOME TO EASTON SIGNS AT THE NORTH AND SOUTH ENDS OF TOWN OF EASTON

Mr. Karge was advised to have Mr. Bond contact additional service organizations in the town for the possibility of a board at the north and south end of town to display their logos with a possibility of a minimum charge. It was the consensus of the Council that the sign would be a nice addition.

Mr. Kehoe advised that permission may be required from State Highway Administration if the sign is to be placed in their right-of-way.

Mr. Wendowski moved approval of a standard sign for the Optimist Club logo seconded by Mr. Jensen and carried unanimously.

REQUEST BY MS. SARA CARBONELL, PULTE HOMES WORKING TOGETHER WITH THE UNITED STATES MARINE CORP TO PLACE SIGNS PROMOTING TOYS FOR TOTS

Mr. Hamilton forwarded a request from Ms. Sara Carbonell, Pulte Homes requesting permission to place signs at the corner of Route 50 and Dover Road, the corner of Rt. 50 and Dutchman’s Lane, Teal Drive and Rt. 331 (near Wal-Mart) and at the entrance to Chesapeake by Del Webb on Dutchman’s Lane to promote Toys for Tots Foundation. The signs are to be erected November 15 to December 14.

Upon motion by Ms. Scott-Taylor seconded by Mr. Wendowski, permission was granted contingent upon permission by the property owner.

Mr. Wendowski asked that decisions by the Board of Zoning Appeals be forwarded to the Council for information purposes.

Mr. Wendowski requested information regarding new businesses opening in town. Mr. Hamilton stated that when a sign permit or Certificate of Occupancy permit is issued, he can notify the Council.

Mr. Wendowski discussed the necessity for non-profit organizations that have Town budget allocations to give a quarterly or semi annual report.

Ms. Scott-Taylor asked Mr. Hamilton if sandwich board signs are permitted. Mr. Hamilton advised that they are permitted in the CR District if they are not obstructing the sidewalk. He stated that they are required to have a permit.

ITEMS FROM THE TOWN ATTORNEY

Mr. Kehoe requested a Closed Session after the regularly scheduled Council meeting to discuss potential litigation and the possible sale or purchase of real estate for the town.

Mr. Kehoe stated that on the agenda is a letter from Mr. Atwood regarding the change in zoning for a grocery store from prohibited in the CR Zoning District to permitted. Mr. Kehoe stated that he would like to be excused from any discussion as their firm represents an individual interested in that proposal.

PUBLIC HEARING TO DISCUSS AN AMENDMENT TO THE EASTON MARKETPLACE SHOPPING CENTER REPLACING THE EXISTING LOWE’S STORE WITH A BELK DEPARTMENT STORE

At 7:18 p.m., the President of the Council opened the public hearing.

Mr. Hamilton, the Town Planner introduced Mr. Bill Stagg. He stated that the Planning and Zoning Commission approved the conception of changing the Lowe’s store to a Belk Department store. He discussed attempts to improve traffic circulation in the area. Mr. Hamilton stated that the Planning and Zoning Commission approved the project.

Mr. Bill Stagg, Lane Engineering, 117 Bay Street was present to discuss the application. Mr. Stagg introduced Mr. Mark Miller, Mears Properties LLC; Mr. Michael Rust, Armistead, Griswold, Lee & Rust; Mr. Dennis Caudle, VP Planning and Mr. Jamie Witherspoon from Belk Inc.

Mr. Stagg discussed the PUD approval for the retrofit of the existing Lowe’s store and some on site traffic improvements and service re-routing as well as a creation of a new out parcel in front of the proposed Belk’s store and development of Lot 9. He asked that the Findings of Facts enclosed in the packet be entered into the record. Mr. Stagg discussed the parking area, the new planting and curb islands. Discussion occurred regarding entrance and exits to the center. He stated that a few parking spaces would be lost and are being replaced by a service access. A new stormwater management pond will be dug to take flow from the Easton Plaza Shopping Center where the current lumber shed is. Mr. Stagg discussed possible regional traffic improvements such as a fifth lane on Marlboro Road and stated that he thought we should wait for about a year to see affect the new stores will have.

Mr. Jensen asked what trees would be added. Mr. Stagg discussed proposed landscaping.

Mr. Wendowski discussed the traffic patterns and agreed that the Town should wait until the build out; possibly three to five years.

Ms. Scott-Taylor asked if there are plans for Lot 2. Mr. Stagg stated there are no plans at this time.

Mr. Dennis Caudle, Vice President of Store Planning and Architecture for Belk’s Inc. was present to discuss this project. He stated that Belk is the largest family owned department store in the country. He stated that this store will be approximately 65,000 square feet of retail space. Mr. Caudle stated that this will be a full line department store with cosmetics, full line home division, women’s and men’s ready to wear areas with private brands and full like children’s department. He discussed the history and the management of the company stating that it was started in 1888 with the third generation of Belk running the company with about 29,000 employees. Mr. Caudle stated that they are opening about 10 to 20 stores per year and do about six to ten major renovations per year. He discussed the existing building and discussed the proposed elevation improvements to appear to be a series of building to give more architectural interest. He stated that they would like to begin construction in March and have a grand opening in October 2008. He discussed the four divisions in Belk’s with Raleigh North Carolina operating this store. Mr. Caudle stated that this store will employ 75 to 100 employees. Mr. Caudle discussed full time employee benefits.

The President of the Council opened the floor for public comments.

Ms. Lorraine Claggett, 27223 Enniskillen Road, asked if the Planning and Zoning Commission or Belk ever considered solar construction. She asked if it could be made conditional. Ms. Claggett asked that long term benefits be considered.

Mr. Jensen discussed Belk renovating an empty building.

Ms. Joan Johnson, 306 W. Oak Avenue, discussed traffic patterns and her concerns. Ms. Johnson discussed dedicated right turn only out of the shopping center.

At 7:58 p.m., the President of the Council closed the public hearing and left the record open for additional comments until close of business on Friday.

PUBLIC HEARING TO DISCUSS AMENDED ORDINANCE NO. 518, “AN ORDINANCE OF THE TOWN OF EASTON REPEALING ORDINANCE NO. 309 AND REENACTING AS CHAPTER 13B OF THE CODE OF THE TOWN OF EASTON ESTABLISHING A HOUSING RENTAL LICENSING AND INSPECTION PROGRAM AND AUTHORIZING MAYOR AND TOWN COUNCIL TO ESTABLISH LICENSING FEES FOR RENTAL HOUSING.”

Mr. Don Richardson, Building Code Official was present to discuss Amended Ordinance No. 518.

Ms. Jackson-Amis asked that the rental to family members should be exempted from having to purchase a license and have inspections.

Mr. Richardson clarified what Amended Ordinance No. 518 addresses as well as municipal infractions and the current Town Code provisions.

Discussion occurred regarding rental inspection fees.

Mr. Richardson stated that the inspection for each unit would be mandatory every two years.

Mr. Jensen questioned why managed property would not have all units inspected.

Mr. Richardson stated that this type of ordinance is difficult to draft and adopt due to the broad spectrum of conditions. He stated that this ordinance will not solve the unidentified rental units that are not licensed; that can only be accomplished through policing. Mr. Richardson stated that there are potentially 1,000 landlords historically renting without licenses.

Mr. Jensen discussed his concern with multi-unit properties. He stated that this ordinance would assume that these multi units have maintenance performed regularly.

Mr. Wendowski asked when inspections take place. Mr. Richardson stated that they take place during the two year license period. Mr. Wendowski discussed his concerns with the applicant having a Certificate of Occupancy before inspections take place. He suggested inspecting rental properties when licenses are issued to let the landlords know we are serious about our inspection program.

Mr. Ford asked Mr. Richardson to respond to what the League of Women Voters found confusing which pertains to Section 13B-1 about differentiating between a Rental License and a Certificate of Occupancy.

Mr. Richardson suggested making the Ordinance as simple as possible and not make it over complex. He stated that this particular item where we are differentiating between a License and a Certificate of Occupancy, we can add definitions of those two items. He stated that the Ordinance is slated towards the issuance of a license and the result of a obtaining a license is a Certificate of Occupancy which is good for two year period.

Mr. Richardson discussed the current program versus the proposed new ordinance.

Mr. Bob Winnason, 146 South Washington Street stated that he is a landlord of a very limited number of properties. He stated that as a landlord he has no problem with the rental license program. Mr. Winnason stated that the rental license process could be made simpler with the elimination of the Certificate of Occupancy which is usually used with new construction. He discussed the need for re-inspections and inconsequential fines for not having licenses.

Ms. Jackson-Amis stated that if a license is pulled, a placed should not be allowed to be occupied.

Ms. Scott-Taylor asked that rental census information be forwarded to her.

Ms. Lorraine Claggett spoke on behalf of the League of Women Voters of the Mid Shore. She stated that this ordinance is more cumbersome than the former. Ms. Claggett referred to a letter sent in reference to the ordinance and a free book for the benefit of landlords and tenants. Ms. Claggett asked the Council to start over and re-write the ordinance. She stated that the document should be fair.

Ms. Barbara Healty, 20 South Street spoke on behalf of the Housing Coalition of Talbot County. Ms. Heatly discussed the prepared text she had previously distributed to the Council. She stated that they usually think that the license goes with a person and is permanent and is purposely low to encourage landlords to register where the Certificate of Occupancy is for the unit and is renewed every two years. Ms. Heatly discussed questions the Housing Coalition has regarding the proposed ordinance. She questioned what the Livability Code is and how it differs from the Property Maintenance Code. Ms. Heatly questioned the difference in period versus scheduled inspections.

Mr. Kehoe stated that the ordinance should have language that gives the inspection department the ability to reinspect problematic units.

Mr. Hamilton discussed the history of the original program.

Mr. Richardson discussed the complexity of scheduling.

Mr. Kehoe discussed increasing the fine for municipal infractions which may be a Charter Amendment.

Mr. Ford stated that the ordinance is not without flaws. He thanked Mr. Richardson for getting the Council to this point.

At 9:22 p.m., the President of the Council closed the Public Hearing and stated that the record would be left open for comments until close of business on Friday.

DISCUSSION OF ORDINANCE NO. 519, “AN ORDINANCE OF THE TOWN OF EASTON TO AMEND ARTICLE VIII “APPLICABILITY OF STATE FIRE PREVENTION CODE” IN TITLE 9 “FIRE PREVENTION” OF THE EASTON TOWN CODE TO ADD SECTION 9-67 PERTAINING TO THE APPLICABILITY OF THE MARYLAND STATE FIRE PREVENTION CODE TO EXISTING DWELLINGS.”

Mr. Ford stated that this is the other half of the ordinance previously passed dealing with existing structures. He stated that this Ordinance has four options; a) requiring sprinklers to a building exceeding 50% of its appraised value; b) if the addition exceeds 30% of the gross square foot of the dwelling; c) one if the dwelling is razed, gutted or demolished or completely replaced; d) additions or renovations to a kitchen or utility room with required sprinklers just in single rooms.

It was the consensus of the Council to draft Ordinance No. 519 with option C and leave out wording that states gutted; leaving out substantially demolished.

ORDINANCE NO. 522, “AN ORDINANCE OF THE TOWN OF EASTON REPEALING AND REENACTING WITH AMENDMENTS SECTION 3.3, 3.4, AND 4.1(A)(1) OF THE STORMWATER MANAGEMENT ORDINANCE OF THE TOWN OF EASTON.”

The President of the Council introduced Ordinance No. 522 for a first reading.

LETTER FROM CHAIRMAN JOHN ATWOOD, EASTON PLANNING & ZONING COMMISSION RECOMMENDING APPROVAL OF THE ZONING ORDINANCE AMENDMENT TO CHANGE THE USE CLASSIFICATION OF “GROCERY STORE” FROM PROHIBITED IN THE CR ZONING DISTRICT TO OUTRIGHT PERMITTED AS REQUESTED BY LETTER FROM CHRISTINE M. DAYTON

The Town Planner, Mr. Hamilton discussed the size of the lots in the CR District. He stated that this will require a Special Exception and asked the President of the Council to schedule a Public Hearing.

The President of the Council set the Public Hearing for December 3 at 7:15 p.m.

DISCUSSION OF ESTABLISHING HOURS FOR ADULT SOCCER PLAY

Ms. Jackson-Amis asked that this matter be tabled due to the absence of the Director of Parks and Recreation and the concerned party.

CLOSED SESSION

At 9:40 p.m., upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously, the President of the Council convened into Closed Session to discuss potential litigation and the acquisition of real estate.

ADJOURNMENT

Upon motion by Ms. Jackson-Amis seconded by Mr. Wendowski and carried unanimously; the President of the Council adjourned the regularly scheduled meeting at 10:19 p.m.

______________________________________

Kathy M. Ruf, Town Clerk

PRESENT AT CONVENING

Mayor Robert C. Willey

Mr. John F. Ford

IN ATTENDANCE

CONVENING