TOWN OF EASTON, MARYLAND
Easton Town Hall
14 S. Harrison Street
November 19, 2007
Mr. Scott R. Jensen
Mr. Leonard E. Wendowski, Sr.
Ms. Moonyene Jackson-Amis
Also in attendance were the Town Attorney Mr. Kehoe, Town Manager Mr. Karge, Town Planner Mr. Hamilton, Long Range Planner Mr. Thomas and Town Clerk Mrs. Ruf.
Ms. Scott-Taylor was excused
At 7:10 p.m., the President of the Council, Mr. Ford called the meeting to order.
Mr. Jensen opened the meeting with prayer and led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES OF NOVEMBER 5 AND NOVEMBER 13, 2007 MEETINGS
Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously; minutes of the November 5 and November 13, 2007 meetings were approved with corrections as submitted by Ms. Jackson-Amis.
RESOLUTION NO. 5920
Resolution No. 5920, “A RESOLUTION authorizing and providing for the issuance and sale by Town of Easton, pursuant to the Maryland Economic Development Revenue Bond Act, as its limited obligations and not upon its faith and credit or pledge of its taxing power, of one or more series of its bonds (as defined in such Act) in an amount not to exceed $65,000,000, for the purpose of (1) refunding the outstanding Town of Easton Retirement Community Revenue Bonds (William Hill Manor Facility) Series 2004 A, 2004 B and 2004 C issued in original aggregate principal amount of $18,600,000, the proceeds of which were used to finance the costs of the acquisition (as defined in such Act) by The William Hill Manor Incorporated (formerly known as EMA/WHM Acquisition, Inc.), a nonprofit Maryland corporation (the “Facility Applicant”), of a certain facility (as defined in such Act) which consisted of and included: (a) the retirement and health care facilities known as William Hill Manor including (i) such facilities situate on the parcel of land containing approximately 10 acres located at 501 Dutchman’s Lane, which parcel together with any and all improvements thereon is currently leased to the Facility Applicant (the “Manor Property”), and (ii) contract rights to purchase (A) condominium units in William Hill Manor Condominium (such units being located at 1 through 7 Chadwick Terrace, 8 through 18 Shannon Terrace and 19 through 25 Lynnbrook Terrace), (B) condominium units in Chadwick Condominium (such units being located at 26 through 29 Brittany Terrace, 30 through 33 Chantilly Terrace, 34 through 37 Hunter Court, 38 through 40 Marie Court and 41 through 46 Marian Terrace) and (C) condominium units in Idlewild Manor Condominium (such units being located at 47 through 56 Davis Lane), (b) the assisted living and health care facilities known as William Hill Gardens (the “Gardens Facility”) located at 545 Cynwood Drive, including the parcel of land containing approximately 4.6 acres located at 545 Cynwood Drive and any and all improvements thereon, and (c) various contract rights, business entities and tangible and intangible assets related to the ownership and operation of the foregoing healthcare, retirement and assisted living facilities, such facility being located in zip code 21601 within the geographical boundaries and jurisdiction of Town of Easton and operated by the Facility Applicant as a continuing care retirement community, (2) financing and refinancing all or a portion of the costs of the acquisition by the Facility Applicant of a certain facility to consist of and include (a) the purchase of the Manor Property and the renovation and rehabilitation of the improvements thereon, (b) the acquisition of an unimproved parcel of land containing approximately 1.14 acres (referenced as Lots 6 and 7 of parcel 2992C on Tax Map 105, Grid 21) located on the northeast side of the intersection of Idlewild Avenue and Caulk Lane in Easton, Maryland 21601, and the construction thereon of a building containing approximately 11,000 square feet, and (c) the renovation, rehabilitation and expansion of the Gardens Facility including an addition containing approximately 33,000 square feet, (3) funding debt service and other reserves, (4) funding certain working capital requirements of the Facility Applicant related to the foregoing, and (5) paying the costs of issuance of such bonds, interest thereon for a certain period and other costs related to the transaction described herein; describing the administrative fee with respect to the loan agreement to be paid by the Facility Applicant; reserving in Town of Easton certain rights concerning the issuance of such bonds; generally describing the public purposes to be served and the financing transaction to be accomplished; specifying the maximum aggregate principal amount of such bonds that may be issued; authorizing the Mayor of Town of Easton to specify, prescribe, determine, provide for or approve certain matters, details, forms, documents or procedures appropriate to the authorization, sale, security, issuance, delivery, or payment of or for such bonds; and specifying and describing various matters in connection therewith, as required or permitted by such Act.”
The President of the Council set the Public Hearing on Resolution No. 5920 for December 3 at 7:30 p.m.
Mr. Wendowski asked what the Town’s compensation would be. Mr. Kehoe stated that he would address those matters at the Public Hearing.
FIRE DEPARTMENT CONCERN
Ms. Jackson-Amis discussed an alarm at 126 Port Street at Be A Star Center. She discussed her concern that Easton Fire Department did not respond although Oxford did. Ms. Jackson-Amis asked how the decisions are made regarding when a company responds.
Mayor Willey will bring Ms. Jackson-Amis’ concerns to the Fire Department to be addressed.
ITEMS BY MAYOR WILLEY
Mayor Willey reminded those present about the Memorial Walk Dedication scheduled for November 24 at 7:00 a.m.
ITEMS BY THE TOWN MANAGER
Mr. Karge asked approval for the bid award in the amount of $104,967 to Waste Equipment Sales of Denton for a new refuse collection truck.
Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously, the bid was accepted.
Mr. Karge received a request from a police officer to remove signs at the corner of Aurora and Magnolia that were placed there at the request of the previous tenant; a bakery. The property is now occupied by Blue Herron Mailing Services and Tom’s General Services.
Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously; approval was granted to remove the parking signs.
Mr. Karge discussed the leaf collection schedule and the holiday trash schedule for Thanksgiving and Christmas.
Mr. Karge advised that the Public Works Department will be doing a routine sidewalk project at Clay and Jowite with some storm drain replacements at Clay and Glenwood.
Mr. Karge stated that the request for a temporary trailer will be given to Mr. Hamilton to be referred to the Planning and Zoning Commission for a recommendation.
Mr. Karge advised that he has left a message with Expert Movers regarding the Watkins property.
Discussion occurred regarding the maintenance work at the North Easton Park and the decision of the Parks and Recreation Director to remove the goals for the winter.
Ms. Jackson-Amis asked for a schedule of the maintenance proposed and when the goals will be replaced.
Mr. Jensen asked about tree planting.
The Town Manager stated that Mr. Hause had advised that tree planting would be accomplished in a timely fashion.
Mr. Ford asked that the rental housing license ordinance be kept moving.
Mr. Hamilton asked the President of the Council to set Public Hearing dates for an amendment to townhomes on Thorogood Lane, the PUD Amendment to Marlboro Plaza and a map amendment.
President Ford set the Public Hearings for Thorogood Lane for December 17, 2007 at 7:15 p.m.; the PUD Amendment to Marlboro Plaza for December 17, 2007 at 7:30 p.m. and the map amendment for January 7, 2008 at 7:15 p.m.
Ms. Jackson-Amis asked that the Town Attorney prepare legislation for use of public parks and fields. She stated that she is concerned with the lack of easy access of the soccer fields for adults.
MR. ROBERT KLIMZCAK AND NEIGHBORHOOD TO ADDRESS COUNCIL REGARDING CONCERNS ON DOVER AND HIGGINS STREET
Mr. Klimzcak withdrew his request to address the Council.
Ms. Jackson-Amis asked Mr. Karge to check more lighting in the area of Dover and Higgins to improve the climate as requested by Mr. Klimzcak.
CONSENSUS ON THE REQUEST FOR AN AMENDMENT TO THE EASTON MARKETPLACE SHOPPING CENTER WHICH WOULD REPLACE THE EXISTING LOWE’S STORE WITH A BELK DEPARTMENT STORE
Mr. Kehoe discussed the issue of the Belk’s application and a concern regarding improvements to Marlboro Road which would be necessary from the additional traffic from the retail development. Mr. Kehoe stated that the owner of the Mear’s shopping center has agreed to dedicate to the town a strip of land wide enough for an extra lane however; they have contended that the requirement for the construction of the lane should not be solely attributed to the increase of traffic from the Belk’s store.
Mr. Hamilton stated that what is proposed to be added is a center storage lane for left turns only. He stated that this is needed today and not caused by the addition of the stores in the shopping center.
Mr. Kehoe stated that it gives developers the option of paying with in-kind services versus actual dollars. He stated that the new Lowe’s store paid nearly $100,000 for transportation impact fees and the Marlboro Road improvements will cost approximately $340,000. The transportation impact fees generated by Belk’s and the new Rite Aid are $165,000.
Mr. Kehoe explained charging the amount for new development and charging a portion for existing situation as well as using in-kind contributions versus waiting for the improvements as normal budgeted capital projects. He discussed rebating a portion of the fee paid by Lowe’s’; Lowe’s taking that money and paying it into an escrow account to pay for the improvements to Marlboro Road.
It was the conclusion of the Town Planner, Chief Blue and Mr. Friedel that the road improvements should take place.
Mr. Kehoe asked for the Council to reach a consensus on the project then decide on the impact of Marlboro Road.
Mr. Wendowski stated that he is 100% in favor of the Belk’s store.
Mr. Jensen stated that he likes the adaptive reuse and supports the application with one caveat; more landscaping and increase the screening and greenery.
Mr. Wendowski agrees that the minimum landscaping should be raised.
Mr. Hamilton advised that the Planning and Zoning Commission had already asked for extensive landscaping and a berm that are in addition to the standards.
Ms. Jackson-Amis stated she likes the store but wants the store to bring employment opportunities to the community.
Mr. Ford stated that he is in favor of the application.
Mr. Kehoe reviewed the statements for the Findings of Facts and would draft provisions that would advise Belk to make every effort to increase landscaping and focus some of its hiring efforts to Easton and Talbot County to provide employment opportunities for our local citizens.
Mr. Kehoe stated that granting a portion of the impact fees for improvements to Marlboro Road would be separate legislation.
PUBLIC HEARING TO DISCUSS A PROPOSED AMENDMENT TO THE TOWN’S ZONING ORDINANCE WHICH WOULD ADD A NEW ARTICLE ESTABLISHING INCLUSIONARY ZONING POLICY FOR THE TOWN OF EASTON
At 8:26 the President of the Council opened the Public Hearing. He stated that Affordable Housing Members Mr. Miles Circo and Mr. Larry Neviaser are present.
Mr. Thomas discussed the history of the Inclusionary Zoning Policy. He summarized what he sees Inclusionary Zoning to encompass.
Mr. Thomas stated that Inclusionary Zoning is a tool that more and more communities are looking at as people are dealing with the problem of increasing housing costs. He stated that inclusionary zoning is simply imposing of a requirement on new forms of development to include a number of units that are affordable to some identified targeted populations. There are a number currently in existence; approximately 100 and a dozen or so other communities such as Easton investigating the adoption of such a program. Mr. Thomas stated that they had borrowed the ordinance from Burlington, Vermont; one of the long standing and successful programs in the country.
Mr. Thomas stated there are four key components to the Zoning Ordinance. The first is the threshold; the number of units at which the requirements of the Zoning Ordinance kick in which is generally five units per acre. The second key component would be the percentage required; what percentage of units would have to meet the affordability requirement. He stated that Easton’s draft ordinance is 15 percent. The next component is a density. The Planning staff has proposed two different density bonuses depending on the type of development. The two zoning categories that have the highest density in town, the PUD and PR are eligible to receive a 10% density bonus and all the other zoning districts, CR, R7A and R10A in which one could do residential developments would be entitled to a 15% density bonus. Finally, there is a provision for administrative relief from the provisions of the ordinance which are mechanisms that would provide some form of relief if the project is economically unfeasible without some sort of relief such as reduction of fees, relaxation of open space requirements or some other zoning standard to name a few. The determination of if the project is economically unfeasible is left up the Affordable Housing Board which must be provided clear and convincing evidence.
Financial contributions and in-kind contributions were discussed.
Mayor Willey discussed building up an Affordable Housing Trust that would allow acquisition of houses, renovations and the ability to resell to keep the Affordable Housing Trust revolving. He stated that there is nothing in this ordinance that would encourage this concept.
Mr. Thomas stated that inclusionary zoning is designed to create new affordable housing units.
Mr. Wendowski discussed builders in Mt. Laurel, New Jersey that opt out of building houses and sending money to other communities for the affordable houses keeping the area they are building at a certain level.
Mr. Ford stated that the inclusionary zoning ordinance is just one facet of the affordable housing program that needs to be developed; there are a lot of issues to be addressed such as re-energizing funds to the fund.
Mr. Ford introduced the two members present from the Affordable Housing Board, Mr. Miles Circo and Mr. Larry Neviaser and asked if there are council questions.
Mr. Jensen addressed some concerns regarding the administration of this program. He suggested three additional people. 1) a person to serve as a quasi executive director, 2) one person to do administrative work; 3) an outreach person to let the community know what programs are available and to help getting citizens involved in the program. He discussed having houses for the Easton workforce. Mr. Jensen stated that he has concerns regarding the lack of equity people have in their houses.
Ms. Jackson-Amis discussed wanting a mixture of homes; new and refurbished for the community. She discussed her concerns with gentrification which is happening all over in Ward 4. Ms. Jackson-Amis stated that she hopes there can be an uplift for families and the homes that already exist.
Mr. Miles Circo, 9400 Tilghman Island Road, Wittman, MD stated that he hoped we talked just about the Inclusionary Zoning for the Affordable Housing program which is just one tool. He stated that a lot of comments were geared to mentoring and helping some of the prospective families. Mr. Circo stated that the ordinance before the Council is regarding density bonus and is for moderate income homes which have not come before the Easton Housing Board. He stated those houses are not an issue and they have numerous applicants. Mr. Circo stated that this provision has nothing to do with the low income homes. He stated that for the low income homes, there needs to be some level of subsidy. He stated that this provision would allow for-profit developers to come in, do a project and not get hurt. Mr. Circo stated that the subsidy to a developer would be for free lots from the zoning ordinance increasing the density. He discussed equity for the homeowner. Mr. Circo stated that the program is not the Affordable Housing Program but the need to develop a methodology where developers can come in and know what is required of them and they can do this without having to subsidize their market rate unit. Mr. Circo stated that they have a number of other policies to come before the Council to create a whole tool box of things that will provide for a robust Affordable Housing Program that will address the low income homes where subsidies are required. He stated that we are going to have to look at some sort of fund where funds are put into an account for repairs. Mr. Circo stated that what they would like to do is acquire land off site and build affordable homes such as Easton Village has done.
The Town Attorney, Mr. Kehoe discussed the costs of the Attorney’s office doing administrative duties. He stated that it is not an efficient use of the Town’s dollars.
Mr. Circo stated that we are going to have to look at some financial support for the system.
Mr. Ben Passyn, Yorktowne Group stated that he is completely supportive of the affordable housing concept. He discussed terms and items that he feels the ordinance should define. Mr. Passyn discussed interest rates and values of houses. He stated that people want to buy homes to get equity. Mr. Passyn discussed the wait clause if an owner chooses to sell.
Mr. Tom Alspach, 295 Bay Street, addressed the provision that would allow a developer to opt out of the program if they showed it was not financially feasible to be a participant. He stated that virtually every developer may show you why it is not financially feasible to be part of the program so this is not a good idea. Mr. Alspach stated that the market is absorbing the cost and the developer is getting more lots, it should never be a financial hardship.
At 9:29 p.m., the President of the Council closed the Public Hearing and left the record open indefinitely.
AMENDED ORDINANCE NO. 519, “AN AMENDED 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.”
Upon motion by Mr. Wendowski seconded by Ms. Jackson-Amis and carried, Ordinance No. 519 was approved 3 to 0 with Ms. Jackson-Amis not present.
ORDINANCE NO. 522, “AN ORDINANCE OF THE TOWN OF EASTON REPEAING AND REENACTING WITH AMENDMENTS SECTION 3.3, 3.4, AND 4.1(A)(1) OF THE STORMWATER MANAGEMENT ORDINANCE OF THE TOWN OF EASTON.”
Upon motion by Mr. Wendowski seconded by Mr. Jensen and carried unanimously, Ordinance No. 522 was approved 4 to 0.
REVIEW OF INVOICES TOTALING $842,092.54
Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously, invoices totaling $842,092.54 were accepted.
COMMENTS FROM THE AUDIENCE
Mr. Alspach addressed the Council and asked that the Town be more careful accepting traffic analysis and studies from developers. Mr. Alspach asked that the Council take a comprehensive look at Marlboro Road as a whole when reviewing piecemeal projects such as the PUD application beside Blockbuster.
Ms. Joan Johnson, 306 West Oak thanked the Council for considering a fifth lane on Marlboro Road.
ADJOURNMENT
Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously; the President of the Council adjourned the regularly scheduled meeting at 9:50 p.m.
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Kathy M. Ruf, Town Clerk