TOWN OF EASTON, MARYLAND

Easton Town Hall

14 S. Harrison Street

 December 3, 2007

 

PRESENT AT CONVENING

 


Mayor Robert C. Willey          

Mr. John F. Ford

 

Mr. Scott R. Jensen

Mr. Leonard E. Wendowski, Sr.                                              


 

IN ATTENDANCE

 

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

 

Ms. Jackson-Amis was excused.

 

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 NOVEMBER 19, 2007 MEETINGS

 

Upon motion by Mr. Jensen seconded by Mr. Wendowski and carried unanimously; minutes of the November 19, 2007 meetings were approved.

 

LETTER FROM CHIEF DREW JENSEN REQUESTING THE USE OF THE VACATED FIRE MARSHAL’S OFFICE FOR USE AS AN IMPROVED FITNESS FACILITY FOR MEMBERS

 

Mayor Willey asked that this matter be tabled until he had a chance to speak to Fire Department members.

 

ITEMS BY MAYOR WILLEY

 

Mayor Willey asked for scheduled discussion at the next meeting regarding whether the council intends to go forward with the east/west connector road.

 

Mayor Willey discussed scheduling the annual audit briefing.

 

Mr. Wendowski advised Mayor Willey that Mr. Charles Whitehead if fully recouped and has offered his services again to the Town of Easton’s Boards and Commissions.

 

ITEMS BY THE TOWN MANAGER

 

The Town Manager, Mr. Karge asked approval for the acceptance of the bid for bulk collection truck in the amount of $101,267.00 from Elliott Wilson Trucks. Mr. Karge discussed the terms of the bid.

 

Mr. Jensen made a motion to accept Elliott Wilson Trucks’ bid seconded by Mr. Wendowski and carried unanimously.

 

(Ms. Scott-Taylor arrived at 7:06 p.m.)

 

The Town Clerk discussed leaf collection and tree planting.

 

ORDINANCE NO. 524, “AN ORDINANCE OF THE TOWN OF EASTON GRANTING THE APPLICATION OF EASTON MARKETPLACE #2, LLC, MEARS PROPERTIES, LLC AND BELK, INC. FOR AN AMENDMENT TO THE EXISTING PLANNED UNIT DEVELOPMENT KNOWN AS EASTON MARKETPLACE UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE.”

 

The President of the Council introduced Ordinance No. 524 for a first reading.

Mr. Wendowski discussed the impact fee transfer.

 

The Town Attorney stated that it has to be a separate legislative process.

 

Mr. Ford asked for clarification on pages six and seven; items 5B and 5D. Mr. Ford stated that he wanted to make sure that included in these Findings of Facts is the applicant’s offer to construct the 5th lane from the McDonald’s entrance to the Parkway.

 

LETTER FROM MR. GERALD G. FRIEDEL, P.E. REGARDING REVIEW OF PRESENT TRAFFIC CIRCULATION PATTERN FOR PENNSYLVANIA AVENUE BETWEEN DOVER ROAD AND AUGUST STREET

 

Mr. Friedel was present to discuss the proposed traffic pattern. He stated that the current traffic situation near Annapolis Paint between Dover Road and Dover Street there is two-way traffic. Mr. Friedel suggested continuing the two-way traffic for the next full block to August Street for better traffic penetration. He discussed the staging area on the easterly side of the section of road that may occasionally be used for traffic next to the rails-to-trails. Mr. Friedel stated that he sees this as an improvement and better access to the Annapolis Paint shopping center as well as better circulation.

 

The Town Manager stated that the department heads asked for additional time for consideration of the proposed traffic circulation pattern.

 

Mr. Friedel stated that he could prepare a board for better clarification for the Council’s consideration. He stated that there would be a No Parking situation created along that section of street to August Street to get the two-way circulation.

 

The Town Manager is to get back to the Council with Chief Blue’s recommendation.

 

Mr. Jensen discussed truck traffic into Annapolis Paint.

 

PUBLIC HEARING TO DISCUSS AMENDMENTS TO WILLIAM HILL GARDENS; A PLANNED HEALTH CARE (HC) ASSISTED LIVING FACILITY APPROVED IN 1999, AN AMENDMENT TO WILLIAM HILL MANOR AND THE RE-ZONING OF AN ADJOINING PARCEL TO PLANNED HEALTH CARE (HC).

 

At 7:17 p.m., the President of the Council opened the Public Hearing.

 

The Town Planner discussed the history of the request. He stated that William Hill has come in with a revised plan for their health care facility and adds some amenities enlarging the lot. Mr. Hamilton stated that the Planning Commission has reviewed the request and has recommended the Council support the request as this is supported by the Comprehensive Plan.

 

Mr. Bill Stagg, Lane Engineering stated that this is a two-part application; the first part is for the approval of a 1.2 acre parcel which fronts on Idlewild Avenue located between Chesapeake Cardiology and the Orthopedic Center. The first part of the application is to rezone this parcel HC. The second part of the application is the overall master plan approval of the improvements as set forth in the enclosed drawings. Mr. Stagg stated that this proposal fulfills the second phase of what was shown for the William Hill Garden facility; an additional 44 units with some re-configuration inside the building totaling the units to 88 instead of the 90 originally approved in the concept seven years ago. Additional parking will be added with some additional facilities. The other part of the application is adding one two-family cottage left of the William Hill Garden’s facility and consolidating the maintenance facilities. The fourth component of this redevelopment is a secondary entrance to the overall campus which will extend a portion of Davis Lane to Idlewild Avenue.

 

Ms. Donna Taylor, Vice President of Operations, EMA (Episcopal Ministries to the Aging) talked about the facility and how the proposed application will improve the facility. She stated that part of the overall vision when sold was for EMA to take the Assisted Living Facility to its next level to complete that master plan which had been originally in place in 2001. Ms. Taylor stated that this proposal will designate 20 units for persons with dementia care; a specialized program bringing the Copperridge Model of Care in Syskesville, Maryland owned by EMA to the care and daily practices operating under the William Hill Campus as well as an outpatient assessment clinic to service the general community through the psychiatry department of the John Hopkins School of Medicine. Ms. Taylor discussed the aging population in the community.

 

Mr. Wendowski asked if Medicare and Medicaid are accepted.

Ms. Taylor stated that Medicare and Medicaid are provided at the Comprehensive Care Center Unit at the Manor. She stated that there is no support for Assisted Living which is a different licensing requirement in the state of Maryland. She stated that Medicare will be used in the outpatient assessment clinic. Ms. Taylor discussed the assessment process and recommendations for treatment.

 

Mr. Wendowski asked if the storage facility would be a Butler Building.

 

Mr. Stagg introduced Mr. John Chadwick, the architect for the project.

 

Mr. Chadwick stated that the storage building will be a metal building with a buffer of landscaping between the building and Idlewild as well as other plantings to screen the building from the entry road.

 

Mr. Stagg stated that the doors face south away from Idlewild. 

 

Mr. Chadwick stated that the color scheme will be mid grey color with a lighter roof to reflect the light and blend in to the background of the trees.

 

The President of the Council opened the Public Hearing for audience comments.

 

Ms. Connie Webster, 10551 Todd’s Corner Road, Easton discussed her concern with rising costs and affordability of this facility. She stated that her mother is a resident of the Gardens since 2006. Ms. Webster stated that she was told that the costs were tied to inflation. She discussed recent increases; $4.00 per day and now an additional 19% or $9,000 per year. Ms. Webster stated she has concerns regarding their business practices and the increasing costs. The proposed costs rose from $124 per day to $145 per day.

 

At 7:40 p.m., the President of the Council closed the Public Hearing and kept the record open for written comments until close of business on Friday.

 

PUBLIC HEARING IN RESPECT TO A RESOLUTION TO BE CONSIDERED BY THE TOWN COUNCIL OF EASTON (THE "RESOLUTION").  THE RESOLUTION PROVIDES FOR THE ISSUANCE AND SALE BY THE TOWN OF EASTON, AS ITS LIMITED OBLIGATIONS AND NOT UPON ITS FAITH AND CREDIT OR TAXING POWER, OF ONE OR MORE SERIES OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS (THE “BONDS”).  THE BONDS, IF ISSUED, WILL BE ISSUED PURSUANT TO THE MARYLAND ECONOMIC DEVELOPMENT REVENUE BOND ACT, AND WILL BE LOANED TO THE WILLIAM HILL MANOR INCORPORATED (THE “FACILITY APPLICANT”) FOR THE PURPOSE OF (1) FINANCING AND REFINANCING ALL OR A PORTION OF THE COSTS (TO THE FULLEST EXTENT PERMITTED BY THE ACT) OF THE ACQUISITION OF THE FACILITY, (2) FUNDING DEBT SERVICE AND OTHER RESERVES, (3) FUNDING CERTAIN WORKING CAPITAL REQUIREMENTS OF THE FACILITY APPLICANT RELATED TO THE FACILITY, AND (4) PAYING THE COSTS OF ISSUANCE OF THE BONDS, INTEREST THEREON FOR A CERTAIN PERIOD AND OTHER COSTS RELATED TO THE TRANSACTION.

 

At 7:41 p.m., the President of the Council opened the Public Hearing for economic development revenue bonds.

 

Mr. John Murray introduced Mr. John Devine. Mr. Murray discussed the issuance of bonds in 2004 to help with the new ownership of Phase 1 of the project. He stated that William Hill Manor, Inc. is asking the town to act again as a conduit for new bonds; both taxable and non-taxable to refund the 2004 bonds in addition to handling some of the renovation and improvements described tonight. Mr. Murray stated that the maximum amount of the bonds is $65 million and at no cost to the town. Mr. Murray stated that there is no credit risk to the town; this is purely a conduit financing and the town has no liability for paying these funds.

 

Mayor Willey clarified that the Town acting as a conduit in no way hinders the town from issuing bonds on its own.

 

Mr. Wendowski asked if the town is affected by taking out numerous bonds.

 

Mr. Devine stated that this does not affect the Town’s credit at all.

 

Mr. Wendowski asked what the Town gets as being a conduit.

 

Mr. Devine stated that there is a fee paid to the town as well as expanded development of the facility for the Town’s residents. The fee is currently $10,000.

 

Mr. Ford stated that this is a program through the state that allows for economic development with a tax free bond issue done through a municipality.

 

Mr. Devine stated that it is the federal tax law which requires the municipalities’ participation to grant the tax exemption on the bonds.

 

Mr. Murray stated that Mayor Willey recommended that a new sidewalk be included in the design and construction running from The Gardens up to the pharmacy. Mr. Murray stated that the approximate estimated cost is $41,000.

 

Mr. Wendowski asked what the current occupancy rate is at both facilities.

 

Ms. Taylor stated that at The Gardens runs 98%; the occupancy at The Manor overall runs 95% with a combination of independent living and the Comprehensive Care Center.

 

Mr. Jensen asked Ms. Taylor to address Mrs. Webster’s increase costs concerns.

 

Ms. Taylor stated that the cost of doing business has gone up over the past years; increased costs with insurance, utilities and competitive wages. She stated that the cost increase has nothing to do with the expansion but purely an operational issue for the 2008 year. She stated that William Hill has been below the market in some of the rates and the cost for providing quality health care has increased.

 

Ms. Scott-Taylor asked if there are any alternatives for clients such as Mrs. Webster’s mother.

 

Ms. Taylor stated that if her level of care warranted above and beyond the assisted level of care, they could look into the medical assistance program in The Manor. Ms. Taylor discussed the benevolent fund in the EMA organization for residents that outlive their resources or experience financial difficulties. She stated that they certainly do not want anyone to be relocated.

 

Ms. Taylor stated that the perception of building and renovating in conjunction with a rate increase is not perfect timing but necessary to continue operations at the current level. She stated that they would not do anything that would not be necessary to maintain the operations with integrity and to meet all the necessary requirements. Ms. Taylor stated that their expenses this year were unusually exorbitant.

 

Mr. Murray stated that this project only works when they get this type of financing.

 

Mr. Kehoe stated that EMA is a non-profit charitable organization in Maryland and the fee is subject to negotiation. He stated that the real benefit the town receives is the economic development.

 

At 8:00 p.m., the President of the Council closed the Public Hearing and left the record open for public comments until close of business on Friday.

 

DISCUSSION REGARDING PROPOSED IMPROVEMENTS TO MARLBORO ROAD

 

Mr. Friedel discussed proposed improvements to Marlboro Road.

 

Mr. Friedel discussed the developers’ proposal to give right-of-way along the roadway and construct a right turn lane.  Mr. Friedel discussed the possibility of concentrated traffic in the area due to new construction. He stated there will be a signal modification at the second entrance of the development. Mr. Friedel suggested phasing improvements and possibly using impact fees and having a timing potential before all the new development impacts the road.

 

Mr. Wendowski suggested looking at the entire picture.

 

Mr. Hamilton stated that he would prefer doing Marlboro Road entirely. He stated that the shopping center with the Amish Market has been purchased and there is anticipation regarding the redevelopment of that center at which time widening of that portion of the road could occur.

 

Ms. Scott-Taylor asked to see a plan with improvements to Marlboro Road in its entirety.

 

Mr. Ford stated that the improvements proposed by the developer along with the dedication of the right-of-way are in excess of what is required. He stated there could be significant cost savings due to the engineering and the construction would be accomplished at the same time with the same contractors.

 

Mr. Stagg stated that the traffic signal improvement could occur without the additional lane modification. He stated that they could do a preliminary plan how Marlboro Road would be going to five lanes all the way through but there is no plans as of this time for that shopping center.

 

ORDINANCE NO. 524, “AN ORDINANCE OF THE TOWN OF EASTON GRANTING THE APPLICATION OF EASTON MARKETPLACE #2, LLC, MEARS PROPERTIES, LLC, AND BELK, INC. FOR AN AMENDMENT TO THE EXISTING PLANNED UNIT DEVELOPMENT KNOWN AS EASTON MARKETPLACE UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE.”

 

Mr. Ford stated that Ordinance No. 524 is eligible for a vote at the next meeting.

 

Mr. Kehoe stated that he will have legal aspects of the fund transfer by the next meeting. He stated that a lot of these issues will be put to writing in a Public Works Agreement for the redevelopment of the project. These agreements will be used far more extensively.

 

ITEMS FROM COUNCIL

 

Mr. Wendowski, Mr. Jensen and Ms. Scott-Taylor all attended and enjoyed the Easton Christmas Parade.

 

CLOSED SESSION

 

Upon motion by Mr. Jensen seconded by Ms. Scott-Taylor and carried unanimously; the President of the Council adjourned the regularly scheduled meeting at 8:35 and went into Closed Session to discuss personnel.

 

ADJOURNMENT

 

The President of the Council adjourned the regularly scheduled meeting at 9:15 p.m.

 

______________________________________

Kathy M. Ruf, Town Clerk