MR. ENGLISH: The taxes in this town probably are going to go up anyway. There are a lot of things that are going to happen if we don't annex it, if we do annex it. And there are various reasons that we're mandated by the state, things to do, that we have to pay for. As it currently is we have 470 homes to pay to bill. No matter what happens in the town, those same 470 residents are paying that bill unless we grow. And in my opinion, you know, in this agreement we have written that the developer will put up a waste water treatment plant and he'll operate it for three years.Not at our expense, at his expense. After that time then we're going to take it over private. And hopefully by then we have accumulated some reserve to cover it. We also will know how it's operating. We will have more users on it to pay the bills. So naturally you have more operating expense but you have more people to offset the expenses. So, you know, I just think between overall between taxes and water and sewer, those two items everybody keeps hollering are going to go up. Edgar can tell you and I can tell you, anybody on this Council, arsenic removal was another thing that our waste water and water superintendent told us is probably going to cost us in excess of million dollars to take care of We don't want to put that million dollar burden on 470 people because they already have a large load. We have a three and a half million dollar debt right now because the state mandated we had to upgrade our water system and our treatment plant. And we did all that. And the people in the Town of Trappe are paying that bill today. So I certainly think that if we can come with some relief by increased burden, spreading it over, that's what we need to do. Anybody else.

MR. HARRISON: I just have a question. Had it put to me by a number of people that you can't grow out of debt, that you will spend a $1.25 for every dollar of revenue you get out of a new development. I haven't had time on my one day off, I had five half hour phone calls and a three hour meeting. Clark, you were the one that said that to me. And I would really like to know what the source of material behind that statement is. Because I don't know if that $1.25 of cost applies to Oxford or to Trappe or to Matthews Town Run or what that applies to. Because if you have 450 houses in Oxford and you generate two and a half times as much revenue as you do from the same number of houses in Trappe, what is that -- how can that be that they both generate the same amount of service cost. How can that be? Density is going to affect it, the level of services is going to affect it, the tax rate is going to affect it, the assessment value is going to affect it. How can it be universally true. Before I rely on that to make decision of Government, 1 would really like to see where that information comes from and what it's based on.

CLARK: Edgar, you pointed me out. May I say something. We can supply you with that information.

MR. HARRISON: I hope you will. Because I don't understand how it can be universally true.

MS. LEWIS: One other thing I wanted to make mention that was in the agreement that I liked when I read it and then I've heard other people translate it differently. There are tax abatements in here for properties that are being annexed, and there are reasons for that. Some properties are being annexed, no other reason than they're being annexed in with other properties. The abatements are there and applied for the first 10 years, or unless if someone files for a building permit or gets hooked u to the water and sewer, then they become taxpayers too. The point being is when you annex someone in, especially if they have no request or reason for coming in, I don't see any reason to jump on them and say, we need your money now, we want your taxes, that's why we sucked you into the town. Truth of the matter is, I think a tax abatement for residents -- for a piece of property to come into this town is only fair and same thing with water and sewer. When they decide to build something on any piece of property, that's when the taxes will kick in. They hook up to the water and sewer system, that's when their fees should kick in. So I just didn't want that theory out there that we were giving everybody a big break because they were going to be annexed in. It's reasonable to me the way it's written. If anybody else had anything to say about it, I wanted to throw it out there. Or I'll move down my list.

MR. ENGLISH: Move down the list.

MS. LEWIS: And Mr. Thompson, I'm afraid this is the other one I would like you to speak on because I'm not the person to do it. The issue of something in St. Michael's was brought up at our public hearing in that we should be prepared. And I'd like you to at least tell us what happened, what this issue is we need to be so prepared for.

MR. THOMPSON: I will. I would like to invite Mr. Moody, not tonight, sir, but to have a personal discussion with me about that litigation. Because I -- Mr. Moody is a good lawyer. He's a retired lawyer, I believe, I don't want to speak for him. He's a good lawyer and he did a very effective job speaking with all of you the other evening. And he opened his comments with what he described as a true story of the Town of St. Michael's and the fact that they have paid a lot of money in legal fees over the last three or four years because of some litigation that they're in with the developer. And that certainly is a true story. But as they say, there is a rest of the story. I have been familiar with that circumstance for 20 years. That annexation agreement that was entered into by the Town of St. Michael's in 1980 is before me today. I have been involved in the litigation that arose out of that annexation agreement. And here's the rest of the story. The Town of St. Michael's has a provision in its annexation agreement that would permit it to collect its attorney's fees from the people with whom it contracted. It has not asserted that right. There are reasons it has not asserted that right. The reasons in my view that it has not asserted that right is because there is a contractual issue and if the town asserts that right, it is likely that the people they made the agreement with will suggest to the town that the town has not lived up to its agreement. Now, Mr. Moody told you all there were seven lawsuits, something like that. I've actually got a transcript here. I don't know where I put it. Here it is. "As of today there are seven lawsuits, six filed by the developer, one filed by the Town of St. Michael's." Actually there are two lawsuits, one filed by the developer, one by the Town of St. Michael's. The developer dismissed its suit probably within two weeks of its filing. There were three administrative appeals having to do with the critical area law and how the critical area law applied to that agreement. It's a complex situation but it is inaccurate to suggest that -- it is inaccurate to use the St. Michael's litigation to make town's people concerned about attorney's fees. Because we were involved in that litigation, the Town of St. Michael's sued the Inn at Perry Cabin, who I represent, in an effort to get some clarity, and they sued everybody who was subject to this whole issue to get some clarity on this critical area law issue. This is apples and oranges. And I know that Mr. Moody didn't have the opportunity to read all the things that I've read about that case, and I think that when he has the opportunity he would not state the things that he stated the other night the same way.

MR. MOODY: I think I probably would.

MR. THOMPSON: Well, and that would be a discussion I'd love to have with you.

MR. MOODY: I'd love to have a discussion. I've tried.

MR. THOMPSON: Well, you could come to my office and we will have it.

MR. MOODY: Come to my home and we will have it.

MR. THOMPSON: I'd be happy to. Be more than happy to. I can tell you that we have worked hard in this agreement to put in an attorney's fees provision that protects the town. If it doesn't, people are going to be looking at me and at my partner here. So I can tell you that the commissioners of Trappe have said to us, protect us so we don't find ourselves spending the kind of money they have spent in St. Michael's. And I'm telling you that I believe we have done just that.

MS. LEWIS: Thank you. The Piney Hill residents, the County Council brought up the fact we decided not to annex them and why did we decide not to annex them.

MR. ENGLISH: I talked with one of the property owners that live on the Piney Hill group number nine. And he went back to the rest of them, what he told me, and talked to them, and came back and told me they weren't interested in being annexed into the Town of Trappe. So I took them at their word. Certainly not going to force them to come if they didn't want to come. That's about all I can say. If they would like to come, I'm sure we'll entertain an annexation request from them to come in town.

MS. LEWIS: One of the other things I wanted to make mention of, I don't think it was ever an issue with anyone on our Council, it's something that we had been talking about since we were working on the comprehensive plan, I remember it well. We truly feel that we need a police department. We dearly love the Sheriffs office, but we do need some new people in our town. I think the children in our town should be able to know their police officers by their first names, I think we need this type of protection. We decided were there ever any developments they would need to be tied with some assistance. We have tried and we looked at grants for the last two years, and there are not grants available to start a police department from the bottom up. There are many grants available to continue a police department, to acquire a police officer, to buy car, to buy equipment. 1 found lots and lots of grants, but they just don't think, I guess, that there's anybody out there that really needs to start from the beginning. So one of our requests would be we were ever to accept development agreements we need to see some type of police department. This annexation agreement does address that, it granted it for one year, and that has been mentioned. As I said, I feel we will be able to get assistance in the way of grants after that, but we can not get off the ground without money and it takes money something get something off the ground. I truly feel that was covered well and it's something I appreciate that everybody kind of stuck together on. Did anybody have anything on the police department.

MR. ENGLISH: I think you covered all of that.

MS. LEWIS: I only have two more things and I'll be done. One of the things that seemed a great certain, and many town residents were told, all this cost, everything that was going to happen, was going to be passed on to the town residents and that we would pay dearly for what we're trying to do. And the five of us sit up here and we have no intention of doing something to the town residents that we would in fact be doing to ourselves also. We do not want to absorb anybody else's cost, we have no reason to want to absorb anybody else's cost, we would benefit in no way in absorbing anyone else's cost. So this agreement does address several issues and we realize that in the development agreements we will also be able to address issues. With any type of development that happens we need to see things happen, and one of them is providing us with land or space or buildings. The town planner, for example, was something we felt strongly about because we know we can't do this ourselves all the time every day, we need another employee to be able to handle this sort of stuff. And the town center is another issue. A lot like a police department, it's hard to get something done when you're pot is so empty. And we feel that anybody that wants to live in the town needs to contribute just like we do to everything that happens in the town, which includes our town center, which shall remain our town center as long as 1 have something to say. I feel strongly about that and I feel it's covered that we have no intention of passing cost on to current residents. I know that everybody up here felt the same way. I have one more issue. Does anybody want to speak on the cost that we're not going to absorb. You guys will be done with me in no time.

MR. NIEMEYER: I'd like Mr. Thompson to clear up one thing that pops up from time to time and I have to put it in in lay terms because I looked through here and I can not find it. Been misconstrued and it's turned around, pointed at us, and it's something that goes to the agreement that doesn't shoot the developers -- follow what I'm saying.

MR. THOMPSON: I'm not sure I understand what you're asking me.

MS. LEWIS: Actually I think it came –

MR. NIEMEYER: It has to be agreeable to the developer, that was turned around.

MS. LEWIS: I think it may have come, I don't know if it was in the comprehensive plan or not, but it was a statement that starts out saying that we will expect certain things, criteria, whatever, and that it ends saying that it has to suit the developer. And I know that the intention, and if I had the whole sentence –

MR. NIEMEYER: I'd love that to be cleared up.

MS. LEWIS: What it says basically, so maybe this rings a bell with you, I know the intent is that obviously if something is not suitable to us or not suitable to the developer, then it just doesn't happen. That's what suitable to the developer meant.

MR. THOMPSON: There is a provision in the agreement -- I think I understand what you're referring to. There is a provision in the agreement that says subject to the approval of the town, certain, and I won't call them design characteristics, we're not talking about how it looks in the design guidelines that we have been working on. But for instance, if engineering standards say that a 2-inch pipe will suffice, and the developer says he wants a 2-inch pipe and someone on the town board says, no, I want a 3-inch pipe, that professional engineering standard is intended to apply. Now, all of this is subject to the approval of the town. Typically you don't have one minor item that drives people apart. You've got a shopping list of 10 or 12 things and you all, under these developer rights and responsibility agreements, will have the right to say, we want A, B, C and D. If there are issues that are governed by professional standards, the professional standards will apply. You're going to become the design partners of these folks but you're not going to become engineers. And there will be consultants and so forth that will handle that for you. I don't know if that's responsive, but that's what was intended.

MR. ENGLISH: Thank you.

MS. LEWIS: I have one more issue. Unless you have something -- Danny, I'm not used to not being able to see your face. Did you have anything before I went on.

MR. ADAMS: No, I'm all right.

MS. LEWIS: Okay. The last thing I wanted to bring up, and I was -- there's some property that borders this annexation and I have only -that I can see I've only had one person or I've only seen one person, as we all have, that speaks that says their property is bordered by this annexation. And his concern was wildlife habitats and that we were taking this into consideration and did we see what was there and he brought pictures and we looked at them. And this morning I had someone drive me over there because I wanted to see myself, I wanted to see what the lines were and I wanted to see what he had sitting there and be able to say I looked at it. And it's easy to say, oh, we understand you have something out there, it will be fine, we'll leave you alone. I wanted to see it with my own eyes and I did. We addressed wildlife habitats, we addressed buffers in the Trappe comprehensive plan, and we discussed it in great detail, because our intention is not to do anything that would harm the wildlife. We realize homes will be built and people will live on them and it does take land but it doesn't mean we have to plow everything under as we go. Our intention has never been to do that. We have been told by the Department of Natural Resources that we have addressed stream buffers and wildlife more than sufficiently in our comprehensive plan, and we were actually commended for giving it as much attention as we did and I think we have done a fine job. Just the same, we have a letter here that we have prepared because we did want to go on record that we want to address the issue of what is around the annexed property. I'm going to read this out to you and the commissioners will have an opportunity to take a look at it. It's to Mr. Baynard. Says, "Dear Mr. Baynard, the commissioners of Trappe appreciate and respect your concerns about preserving the wonderful wildlife area you have created on your property. As our attorneys have told you at every public hearing you have attended, we're committed to preserving the wildlife corridors and wildlife areas in and around the Town of Trappe. Please accept this letter as our commitment that if and when we receive any development proposals for the property proposed for annexation we will exercise our discretion, control, and leverage to make sure that your wildlife area is protected and that the public continues to have the benefit of that wildlife area. We will not rely on any developer to evaluate the impacts on the environment, we will rely upon the Maryland Department of Environment, the Maryland Department of Natural Resources, and our own consultant experts as well as our common sense. We have been a -you have been a good neighbor of the Town of Trappe for many years and we expect that relationship to continue. We hold the same wildlife and environmental protection values that you do. We wanted to go on record formally on this issue so that you know that we are with you. Sincerely yours, Commissioners of Trappe." And that was the end of my list. Thank you for your attention.

MR. ENGLISH: I have one other comment and I would like to kind of read a statement. Because we have received numerous letters and e-mails, all kinds of things, telling us about what we should do and what we shouldn't do, reasons why we should and why we shouldn't. And I would just like to read this if you bear with me. "The Commissioners of Trappe represent the citizens of Trappe. The citizens of Trappe owe 3.5 million in debt right now. They will have more debt in the future due to federal water and sewer improvements which are being required. We have heard estimates as high as an additional 2 to $4 million. At this time no one really knows how much these improvements would be. The Commissioners of Trappe have a duty to their citizens to give them the opportunity to keep town debt at the lowest possible level. This annexation vote will give the citizens of Trappe the opportunity to vote on whether they wish to add more properties to the tax base and more users to the sewer system. How many users and where they will be located is a development question, not an annexation question. We believe that managed developed in the annexation property is the town's best opportunity to stabilize taxes and water and sewer rates. There will be more taxpayers, more water users, and much less debt. This annexation is an opportunity for citizens to make that choice or reject that choice. If the Trappe citizens choose annexation there will be many public hearings and meetings to examine any development that may be proposed. No developments have been proposed yet. Development hearings are required by law. Questions and answers about development will be appropriate at development hearings. This is annexation, not development. State law says that the town commissioners get to vote, the people of Trappe get to vote, and the land owners get to vote. But law does not give the neighbors of Trappe the right to vote. The neighbors of the Town of Trappe do not pay town taxes nor pay for town services or necessary town equipment or improvements. Some neighbors of Trappe have already said that their lawyers, Mr. Moody and Mr. Paul and Mr. Chadarone", if I pronounced his name right. I'm not sure, I have problems with his name, "will sue us. That is why the agreement says that the town's attorney's fees will be paid by the petitioners who want to be annexed. It's pretty hard to talk to people who have planted the seed. Contrary to Mr. Moody's statement that we won't answer questions, the commissioners of Trappe talk to the citizens of Trappe every day. We answer our citizens questions every day face to face. We will continue to do so. Pressure tactics from our neighbors will not change our willingness to talk to our citizens. To the citizens of Trappe, we say keep asking us questions, we will keep answering them. You don't have to come to PAC meetings to talk to us. You know that. Mr. Moody and the other lawyers representing the neighbors, we invite your questions when our development plan is put forward. Development may impact you, annexation does not. Annexation is between the land owners and the Town of Trappe. If the citizens of Trappe want to vote on annexation, we will have a special election and the citizens of Trappe will decide their economic future. We think it's our job to give them that opportunity and we will do our job. Thank you." We will -- we covered this agreement. Anybody have any other business they want to mention about the agreement.

MS. BOOTH: I guess Ms. Lewis saw my hesitation. I have one more thing. As you all were talking I went through the agreement and I found one other change that is different from the draft that we submitted on the 29th. Section five on page six, and I will read the section and then I'll tell you what the change is. "The agreement set forth herein as supplemented by all applicable ordinances, regulations and plans of the Town of Trappe in effect at the time any development proposal is submitted or at the time of construction, as the case may be, shall govern the standards applicable to public facilities to be installed within the annexation property." And basically I believe it was Commissioner Harrison expressed a concern to me that he wanted the standards either in effect at the time that the developer -- the development proposal was submitted or at the time of construction, and wanted to add that language, which we have done at Mr. Harrison's request. And that was I believe the only other change that I had.

MR. ENGLISH: Anybody else have any questions on the annexation agreement.

AUDIENCE: We couldn't hear the last part of what you just said.

MS. BOOTH: I'm sorry. Summarize. There was one other change to the annexation agreement. Section five. And basically the change was that the ordinances, regulations and plans of the Town of Trappe, either at the time that any development proposal is submitted or at the time of construction, will govern the standards. I believe before it had said when any development proposal was submitted, and we added the language, or at the time of construction into that section.

MR. ENGLISH: Any other questions about the annexation agreement. Does the Council wish to take any action on the annexation agreement at this time.

MS. LEWIS: I'd like to make a motion that we accept the annexation agreement as it's written.

MR. HARRISON: Second.

MR. ENGLISH: We have a motion been made and seconded that we accept the annexation agreement as it's been presented to us. Is there any question on the motion. Hearing none, I call for a vote on the agreement.

JODY CECIL: Cheryl.

MS. LEWIS: Well, I hate to say any more, I feel like I'm talking all night. I'll just get you guys started now. I feel very strongly about this and I feel strongly about the town. And I truly feel it's the right way for us to go and there's a reason we need to do it. And we have researched this, we have talked to each other, we have read things, we've done everything we could possibly do to make sure we do it correctly and we do it for the better of the town. I really feel like this is the effort we put out and it will serve us well. And I discussed most of the things that I felt were important because I wanted to bring up the fact that we had entertained it and we had decided how best to address every single issue. And feeling comfortable that that's what we have done at this point, I have to say yes on the annexation.

MR. ENGLISH: Agreement.

MS. LEWIS: Agreement, sorry.

JODY CECIL: Mr. English.

MR. ENGLISH: I also have reviewed this agreement extensively. I spent a lot of nights thinking about this thing and reviewing it and trying to understand it and make sure that the Town of Trappe is protected. I feel it's been accomplished. I feel we have gotten the things that we set out to get when we started with this agreement. And I have no problems with the agreement and I vote yes for the agreement.

JODY CECIL: Mr. Harrison.

MR. HARRISON: I also vote yes for the agreement. I realize that there will be further agreements and further restrictions, but I think this is a very good agreement for this stage in the process.

JODY CECIL: Mr. Niemeyer.

MR. NIEMEYER: Again, I would just like to say there's been a lot of time and effort, sincere time and effort that's gone into this thing. In the event it does take a turn, I'm sure the people of Trappe are wise enough and know that we're sincere enough that they will do the right thing themselves and the town and not go with the feelings of somebody they met three or four weeks ago. I vote a proud yes.

JODY CECIL: Mr. Adams.

MR. ADAMS: As usual I'm last. Before it gets to me as usual. They have said everything that makes sense. And I personally have lived in Trappe for 40 something years now. I think it's the best thing to happen to Trappe, so I'm voting yes.

MS. BOOTH: Before we get to the resolution, the vote on the resolution, if we could get you all to execute this. (Commissioners sign agreement.)

MR. ENGLISH: The next order of business. Have your attention, please, we're still in a meeting. The next order of business we will go back to Resolution 7-2002. If you will read that, Cheryl.

MS. LEWIS: Resolution No. 7-2002. A resolution of the Commissioners of Trappe to annex certain lands located on the easterly side of U.S. Route 50 in Trappe, third election district, Talbot County, Maryland; and consisting of 924.222 acres of land, more or less, and to provide for the terms and conditions of the annexation to the Town of Trappe.

MR. ENGLISH: Thank you. You've all heard the resolution. What is the Council -- have anything -- comments you'd like to make. I'll start with you.

MR. HARRISON: Do I have to sit in front of this thing because I'm going to get excited -- we got a stenographer here. I've done a lot of listening. Come out there a little bit further so you'll be able to hear me better. When I get talking they're probably going to clear the hall. Put some of you to sleep I'm sure. We have been listening. We have been listening to everybody that has an opinion. Some of the opinions are good, some of the opinions aren't so good. Some of them are legitimate questions. The people who don't live in the town have a right to express their opinion and they should be heard. They don't have a vote, but the closer they live to the town, particularly people like Allan who live right on the boundary, they are going to be affected, and to some extent anything that happens in the town is going to affect the county. So we do respect and solicit the opinions of everybody and the concerns of everybody. So we're listening.

We're going to vote tonight on annexation. That doesn't mean we stop listening, because the process does not stop with annexation. We have got a lot of questions before us. Do we want annex or do we not want annex. Do we want the county to control our growth boundary or do we want to control it. Do we want growth at all or don't we want growth at all. The question before us tonight is annexation. And it's related to growth, but they are separate questions. They impact on each other, but they are separate. We're considering annexation tonight. The -of course it's no secret that there is a development proposal in the wings. It's no secret that that is the driving force behind this. I don't find that in any way sinister, I find that to be in the natural course of events. When these proposals become specific and hit the table, we will evaluate them and we will accept them, modify them, or reject them as the case may be. But the question now is should we annex. And, again, we have said several times tonight and going to say it several times in the next few minutes, there will be many more steps to this process, there will be many more hearings, there will be public hearings, there will be months of opportunities for people to be heard and to express their opinion and to influence the events. The annexation itself does not authorize any growth. Can't make that point too loudly. When we annex, nobody has the go ahead to start building houses. That's just not true. In fact to the contrary, the annexation agreement we have just signed precludes the kind of growth that is currently permitted in the County.

Once we have our zoning -- not our zoning, I'm sorry, once we have the land in our jurisdiction, then any developer who comes with a proposal for that land has a reason to talk to the town. Right now it's County land. Somebody wants to build on it, they don't need to talk to the town, they have no reason to talk to the town. They can, if they want to do what County zoning permits, then they will go to the County. The other thing this annexation agreement does and the proposal that is likely to show up is it ensures at least a three year delay before anything happens. Let's get real. Reality check here. The only thing that our comprehensive plan, which will become the controlling document once we annex, the only thing we envision for that area out there beyond the immediate side of the town on the east side of the highway is a planned development with a sewer system being built and we specifically say, you're not going to use the capacity that the town's people have paid for, you will make your own capacity or you won't build. And that's what our comprehensive plan says. They have agreed to comply with our comprehensive plan by signing this agreement. So they got to go through design process, they got to go to MDE, get their design approved, they got to get their permits, then they have got to build the thing. All this has got to be approved by the town's engineers as well. We just went through this process. I can tell you it won't happen in less than three years. They will have to do that before they can build houses. So if anything, this agreement is going to stop growth for the short term for the next three years. Now, if the process is approved and if the process is successful and negotiations are fruitful and everybody can agree, and our standards are acceptable and they can still build and not go bankrupt, then at the end of that period there will be some growth and it will be in spurts. The agreement is going to control the speed of the development in increments so that at every step of this process there is the ability of the developer to say, I give up, you want too much, I can't do it. There's also the ability of the town to say, no, you're not giving us enough, we're not going to do it. If that happens, then until the next developer comes along, there won't be anything.

Now, but the land belongs to Trappe. Is that bad? I don't think so. They can continue to farm it, there is no cost, there is no impacts. Everything continues exactly the way it does right now. So, again, as we go through the process there will be rights and responsibilities agreement, there will be design plans. All these things will be open to public hearings, people will have a chance to see what is being proposed, to say whether they like it, don't like it, make recommendations for changes. And it will be a long process and everybody in the town and everybody involved in the land -- involved will have their say. If we reject the annexation, if the town's people decide and vote that they don't want this annexation, what happens. The land remains under County zoning.

Now, something you got to think about. It is currently zoned town residential. I don't believe that the County is likely to approve a waste water treatment plant so we don't have to worry about 10,000-acre lots. But the current zoning does permit any 1-acre lot that can perk to be built upon. That's what the zoning permits. The County does not have the legal tools and resources to stop that. We're talking about the same 2600 acres that everybody seems to be alarmed about. The fact that they can't stop this is becoming quite evident. There is a little tiny development that in and of itself is inconsequential down here at South Park, the fork development on the end of Howe's Point Road, right on the boundary of the town. There's a gentleman who wants to put four houses in there on 2-acre lots. And will four houses on 2-acre lots have a significant impact? Not really. But it is contrary to the town's comprehensive plan to use up the only development area that the County really has left on 2-acre lots on septic tanks. But it's permitted under the County zoning. And the bottom line is they haven't rejected it and they probably can't reject it. You might want to keep an eye on that. I'm not suggesting that all 2600 acres are going to develop on I-acre lots on septic tanks overnight, as has been suggested that we're going to permit if we annex.

But what you will see is once the town expresses no interest in growth, you will see developers coming in and putting up things, a series of smaller developments like Hamilton meadows and Matthews Town Run, and they will be scattered around. They will have one road in, one road out, everybody will have to leave the development and come out on Route 50 to get to the other one or get to town. And the County will be extremely vulnerable to lawsuits if they try to oppose that kind of development because it's permitted. Now, that development will have the same impacts as any development that we approve. It's going to have the same impact on the County, the people are going to be going, have to take kids, go to school, they're going to drive their cars on the roads. They're not going to pay a penny of taxes to Trappe if it develops that way under the County's control. They're going to impact our streets, they're going to impact our roads, they're going to fill up our schools, but they're not going to pay for the services. And that's the very likely truth of that matter. Now, the County Council are well intentioned people and they would not like to see this happen, but the reality is that the only way they can stop it is to downzone. This is getting a little bit technical for people who don't pay attention to zoning. But we have worked with this for some time. And I'm not the lawyer, and if I say anything incorrect, please correct me, but the County would have to downzone to have the legal basis to deny a reasonable development of houses, suburban sprawl type typical development like you have up on Stoney Ridge. To downzone they can't until their comprehensive plan adjusts what they say they want done with the development area, because right now their comprehensive plan says that Growth should be centered around the existing town. So they're going to have to change their comprehensive plan before they have a basis to downzone. Well, they're probably six months away from completing their comprehensive plan. Then they have got to take up all the legal battle of the downzoning, which can be challenged because anybody who gets downzoned can argue and sue that you're taking away the value of my land, this is a taking. So that's likely to be an expensive and prolonged battle. We have that tool in place today if we annex. So even if we can't come to an agreement with a developer and we wind up with these 900 acres, at least we can protect that land better than the County can. Not because they don't want to but because they don't -- they're a year behind us in legislation and they don't have the tools in place. Now, and I would hate to see development coming in here and reproduce Easton in miniature the way it has developed there. Especially on septic. I really am opposed to septic. We have got developments springing up all around all along the water in the critical areas with people building septic tanks and then talking about protecting the environment. 1 mean that's just incomprehensible to me. Septic tanks, the way they are designed today, have a short shelf life. They might last 20 years. You got to pump them out periodically, especially if you have got a high water table. And you don't know if they failed unless you're down there checking. Clear back in 1970 there were surveys done, and I was involved in that, and they found clear back in 1970 that throughout Talbot County people had abandoned shallow wells, wells, 50-footers, shallow wells. Because in the old days people just drilled a shallow well and would have water. Plenty of water around here. Back estimates we have -- back in'56 there were over 10 million gallons available. Of course we're not going to rely on a study that old, have new ones. But people abandoned shallow wells 30 years ago because of septic tank failure and contamination of the water. That was 30 years ago. People had to drill deep wells because septic tanks were failing and people didn't know it. Why would we encourage more houses built on septic tanks. Especially in critical areas. That's one of the reasons we adjusted our growth area and told the County we don't want to grow to the west. I would like to grow to the west because of the Route 50 issue, but if we grow to the west we're going to be in the critical areas. I don't think considering the issues of the environment is good to build a town in the critical areas if we can avoid it. I think of the two problems we face, the Route 50 issue is probably in the long term more solvable. Again, annexation is only the first step and it establishes the general guidelines of controls for the first step. There will be increased and more restrictive codicils developed and as we go along and we will have more and more information that pertains to the growth that is going to be proposed. We all know it's going to be proposed. As that comes out, more and more restrictions will be put in place, more and more agreements will be reached, and it will all be reached in the public venue. Should we reject growth? Well, we have got to respond to the annexation, it's on the table. The petitioners have come, we have to respond. And a lot of people are saying delay. Well, okay, there is a case for delay. But with any question when I'm trying to analyze what to do, I like to flip the question over to the other side. Just like when you're dealing with a person, you put yourself in his position, gee, if I was him would I like what I'm doing to him. And you look at it from that viewpoint. 1 would like to flip this over and think, gee, if -- why should we delay. What happens if we don't delay. What is the advantage of delay or what is the advantage of not delaying. We want answers. We want more answers. All of us want more answers of what's going to be built and when and how. Well, we will get those answers through the annexation process. If we don't like the answer we don't have to agree to the development. When we annex we have the jurisdiction over the land, the developer comes to us now, he lays out his proposals. We require him to do, and he's agreed in that annexation agreement, he agrees to do the background studies, the impact studies. That's where we get our answers. He's not going to do them if the town hasn't even expressed an interest in the development. It's pointless. And the annexation doesn't give him a go ahead. Only thing that gives him a go ahead is some assurance that at least we're going to listen to him and evaluate his proposals and do the studies, and he'll have to pay for the studies. We don't have the money to pay for the studies. Who wants the taxes to triple to pay for studies for something we might decide we don't like. That's -- why should we pay as taxpayers. My taxes are high enough, I live here too. I don't want to pay for him. I want him to do something that will increase my property value, not the other way around. Anyway, we do know some things. We know for sure that right now the water and sewer rates we pay are outrageous. They're terrible. I have to go home and listen to my wife. And they are. They are among the highest in the area. They're right up there with the top four or five. Part of it is because we have a brand new plant and it's more up-to-date than anybody else's, but that doesn't change the fact that these rates are high. The other thing we know, arsenic removal we're going to have to build a treatment plant for our water. It's mandated. We all read about it. President Bush tried to back off and got hammered by the environmentalists, so the 10 parts per billion of arsenic in water is a reality. We're going to have to deal with it in the next three or four years. I don't how much it's going to cost. First time I heard your estimate, somebody said it might cost a million. But I was thinking just from past experience that -- I was thinking probably cost not less than three-quarters of a million to do something like that. He's confirmed what he heard. That's not the end of it. Within a decade or so we have already been informed there's going to be a phase two for the TMDL regulations. We're going to have to deal with nutrients, nitrate removal, nitrogen removal from the waste water plant. That's going to be another major upgrade. We're going to have to do it. We know that. There's three things. Here's something else we know. We've got 470 accounts to pay for it with. Period. Whatever it costs, whatever we have to buy, they're going to pay for it. That's a fact of life. With the current economy, I wouldn't hold out hopes for a whole lot in the way of grants. I think we will get a few, we got some pretty good grants on the last one. Still going to be a substantial burden placed on the bill payers. That's coming. That's reality. I know something else. This town is a bedroom community today. Somebody said, oh, it's going to become a bedroom community. It gets to be any more a bedroom community than it is today I don't know -- I would hate to lose all these career building jobs that we have here in the Town of Trappe. I've got one of them, I am an Commissioner. I get $400 a year. Thank you. Appreciate it. Phone bill is higher than that. Something else we know. Trappe has the lowest per capita assessment value of its housing of any town in the County, and -- of the County. Our assessment value averages out at about two-thirds of the rest of the County. Now, why do you suppose that is. Might be because we're the affordable housing center for the County today. So the poorest people in the County with the least investment value are going to be saddled with the highest cost. Somebody said up here a little while ago, what's wrong with that picture. I know -- I grew up in this town. Jimmy, you grew up in this town. You don't live here today but you still live in the County, still a neighbor. We had a path running back and forth before school between his house and mine. We would run back and forth, played with each other when we were little kids. Rephrase that. Don't have a future to stand up to. I remember my childhood here and it was great. It was a super place to grow up. I don't think anybody that grew up in my generation in this town would argue with that. I can remember, and I'm sure Jim remembers, Gary Freeman coming up the street in a horse cart and we would run and jump on the tailgate and ride up to Ollie Carpen's store and the man had homemade ice cream for sale in cone shape molds. It was great. And we would run over to my uncle M.T.'s house. He's got a grandson here, couple of them. That was a center for the kids. I mean there was always a bunch of kids. We played ball, tennis courts, plenty of places, tree houses. You then run back up town, there was Simpson's store. This guy provided an outlet for local people that had local people made country butter and sold it, country hams. Barrels full of fish caught in the creek locally for sale. Milk locally. Local cows, you always knew when they got into the onion. Before you could pour the milk you had to take a knife and break through the cream to get to the milk. Maybe that's why so many of us died of cholesterol, I don't know. It was great. I stayed here, I had children. My children grew up here. They're grown now. It was still a good town. It was different. It went from 400 people. It was actually about 250 when I was a kid. In 1970 it was 426 I think, in that year census. And my kids were growing up. Well, they used to go, Art Ayer's ran the store uptown and the kids all called it the brown store. Go up there, play video games, get sandwiches, snacks, buy candy. It was a meeting place. The school had play grounds, a lot of play ground equipment that wasn't there when I was a kid. My uncle M.T.'s was now known as Grannies. He died but his wife was still there. There was a pool there for all practical purposes was a community pool. I can remember my uncle said, we were talking about a pool, and he said, you dig the hole and I'll build the pool. And I think every kid in Trappe, myself included, had a couple shovel fulls out of that ground. He was as good as his word. He built it. It wasn't a community pool in reality but for all practical purposes it was. Kids went up there, they played. Scouts come on big, little league came on big. Youth group activities that weren't there when I was a kid. I can remember one of my children crying because there were three things happening at the same day and she couldn't go to all three of them. So much going on for a child. Well, today I'm a grand parent. My daughter with my granddaughter is living down here in the town houses. Granddaughter doesn't even have a yard she can play in. The only place you can swim is a private pool. You go ask permission and you get permission from your friend and maybe you bee allowed with one friend to swim in some neighbor's pool, or in mine if I ever get it filled up. Youth groups are still here, little league is still here, but they're dying out. We got a lot of volunteers here involved in little league. You're deeply involved in it. It's not a patch on what it was 10 years ago. Having trouble getting enough people despite the best efforts of a lot of volunteers. The town has tried to do its part. And in -- give the county credit, they have been involved, got a new park we're working on it. We have managed to get some funding to put a sidewalk in to connect the town to the new park. Compared to what I described as a town when I grew up, what's a park. Come on, get real. The town that I knew and Jimmy knew and those of us who grew up here, that town is dying. Bobby, you knew that town. It's dying. I got a lifetime invested here in my kids, and I feel very strongly about it. It's got to be turned around. Now, some growth is coming. Whether we annex or whether we don't annex, the growth is coming. The zoning is there, the people are coming from the Western Shore. And this outrage about people moving in here, I can probably count on my fingers the number of people who were born in this town that are in this room. Quite frankly, yeah. That's another thing when I was growing up. I got a drivers license and it snowed and your husband, very nice man, got on his farm tractor and come around and scooped out my driveway. I'm sitting in there nice and warm thinking, what a great neighbor. And then his sense of humor being what it was, he takes the bucket full of snow, goes up to the door of the garage where my car is parked, and dumps it just to see the look on my face. That's the kind of town I like living in. Anyway, I digress. The growth is coming, we know it's coming. Whether we annex and they pay taxes into the town or whether they build suburban houses with no store, no restaurant, because the zoning doesn't permit that, except for one 35-acre parcel that would be perfect for a big box of some kind, right up here on the corner of Bagtown Road and the State Highway, Main Street. Now, that's what 1 would really like to see on the main road leading to the school. Whether they could stop it is an open question. But it's there, the zoning is there. Light industrial, that's the same kind of zoning they agreed they could downzone to put in a Lowe's I believe. Isn't that correct?

MR. THOMPSON: Lowe's.

MR. HARRISON: Close enough not to be called on it. Not a lawyer. It's coming. In 1970, as I said before, we had 426 before. We did what amounted to a comprehensive plan. It had a different name in those days. The estimates were by the year 2000 we would have 750 people. The worst possible scenario we might have as many as 900 people. Well, we've had about six years of a building moratorium and what we got was over 1100 people. So to say that growth is not going to come, that's -you're dreaming. The only question is whether we want to annex that growth and control it and determine what it is. Because the nature of the growth that is coming around this town is going to determine this town's future. That's inescapable. Now, these commissioners sitting before you and the planning commission sitting over here have been working on some kind of a vision. The comprehensive plan that most people, even those who disagree with the concept of growth, say it is a good plan. That is the first articulation of the vision we're developing. The whole idea behind that vision is to restore Trappe to be a town where people don't just go to sleep and then drive somewhere else and go to work, but a town that has a restaurant, that has some stores, that has a place for people to congregate, that has some parks, that has some beautiful scenic areas; that is connected, has roads, sidewalks, bike paths, and still is close enough to the wildlife, stream corridors, and the fields surrounding it to enjoy the beauty that Talbot County has. That's the goal. Whether we get there and to what degree we'll be successful remains to be seen. That's the vision. And quite frankly, some kind of things have been said about me by the people that I work with, and I appreciate it. But the truth is that these people here on this planning commission, I didn't do this, I had a tremendous amount of help and guidance and support. You got -where's Jerry. Jerry has got -- he's an engineer. He's got decades of experience in public service. Norm, he's got a degree in landscape architecture and he's got a whole history of volunteer service in the Lion's Club, involved in the park and other activities in the town. Bobby, what can I say about Bobby Quitis. This man has an encyclopedia of knowledge of this town and the people who live in it, and has probably got just more plain judgment than the rest of us put together. When we get excited on something and get varying off, Bobby is the rudder that brings us back on course. Sue, Don. Talking about a survival. This guy has got a retail business in downtown Cambridge and it's surviving. You have to go a long way to convince me that anybody has a better knowledge of business in small towns than him. He might not have the degree. Do you have a degree, I don't.

DON: No.

MR. HARRISON: You don't need it, you got a degree in life. If you can keep that business going, my hat is off to you. I haven't got hair for a hat. These guys have worked hard. These gentleman have produced the best infrastructure in the county. We got the newest, most up-to-date water tower, distribution system, streets replaced, put in a lot of new sidewalks. Of course we're bankrupt in the process. But we are very well positioned for the future. Now, growth. Does it have questions, yes. Does it have risks and dangers, oh, you bet you it does. You have to be careful. But there is a flip side to that question too. It's also an opportunity, it's a great opportunity. And quite frankly if it comes down to the choice between fear and opportunity, I'm going to grab for the opportunity and I hope you agree with me. This process that we're embarking upon tonight, if it doesn't get derailed, will allow the town to grow and it will allow the town to control that growth and it will allow the town to grow in a manner that is acceptable to everybody. We don't have to have highrises, we don't have to have big boxes, we can have the majority, almost all the land, is going to be developed in single family detached houses. What our plan permits and the county plan does not permit is for this C, each phase in this project, which is made up of independent houses just like Trappe is made up of, will have a little heart to it where there might be a couple of town houses and might be a couple of stores and might be a business office and there will be a center for this town. And it will be a town, not a suburb. That's what we're aiming for. Now, again, I really think it's an opportunity if we're careful and if we pay attention, 1 think we can actually be -- restore Trappe to something similar to what it was when I grew up. And that to me would be a lifetime achievement, I would be proud to be associated with. The bill payers, tax payers, the voters of this town are going to make the decision. And you're probably going to get a couple of chances. If a referendum is circulated, if you sign it, that's a vote. If you don't sign it, that is a vote. If enough of you decide it's questionable, we want more answers, or we don't want growth to force the referendum, then you get to vote again. And the majority is going to rule. You guys who foot the bills, you guys who have your own vision, not ours. But you have, each and every one of you, has your own vision of what you want this town to become, will get to vote. If it's rejected, again, the land remains in the County control and the County Commissioners, quite frankly, I've known two of them for decades, and count them both as friends. I don't always agree with them and they don't always agree with me, but through it all I still believe that we're friends. But I also believe that the people, the residents here and those that are at home tonight, know Trappe better than they do, because neither one of them live in town. So I intend to vote when it's called for Trappe to control its own density. And I'm sorry I took so long but I feel very strongly about it.

MR. ENGLISH: Thank you, Edgar. Danny, do you have anything you would like to add.

MR. ADAMS: Are you kidding.

MR. ENGLISH: Going to go to you first. MR. ADAMS: You got me second this time. MR. ENGLISH: Second. Do you have anything. Bob.

MR. NIEMEYER: No.

MR. ENGLISH: Cheryl.

MS. LEWIS: I don't think any of us could add anything to that. I think you did an excellent job, spoke for all of us well.

MR. HARRISON: Through anything I walked out.

MR. ENGLISH: I agree. Edgar spoke well for all of us. I think he voiced all of our opinions. So if there is no other discussion on this Resolution 7-2002, 1 will entertain a motion.

MR. HARRISON: Might as well make a motion to approve the annexation.

MS. LEWIS: I second it.

MR. ENGLISH: We have a motion that's been made to approve the annexation of the property on the east side.

MR. HARRISON: Start at this end this time.

MR. ENGLISH: Resolution 7-2002. I'll call -- is there any question on the motion. Call for the vote. Jody, you start with Danny.

JODY CECIL: Mr. Adams.

MR. ADAMS: Definitely yes.

JODY CECIL: Mr. Niemeyer.

MR. NIEMEYER: Yes, definitely.

JODY CECIL: Mr. Harrison.

MR. HARRISON: Need suspense. Emphatical yes.

JODY CECIL: Mr. English.

MR. ENGLISH: I vote yes.

JODY CECIL: Mrs. Lewis.

MS. LEWIS: Yes.

MR. ENGLISH: Motion is passed. The property is annexed subject to the annexation process that will go forward from this day. Moving on to the next order of business. The MOSH inspection. What that is, you all received copies of the inspection pertaining to the waste water treatment plant. There was some continuing needs to take care of Like to set up a meeting with Davis, Bowen and Fidel for the town, our engineers, Mr. Croswell, and the Council so that we will give them a couple of dates that suit you all to sit and discuss this as soon as possible. Mr. Croswell has written for an extension and probably will have to have another one.

MR. HARRISON: That's not the final inspection.

MR. ENGLISH: No. This is the MOST, M-O-S-T.

MR. HARRISON: M-O-S-H, isn't it.

MR. ENGLISH: Pardon.

MR. HARRISON: M-O-S-H.

MR. ENGLISH: They did an inspection of the plant and there is some things that we need to decide and move along with to take corrective action so we need to discuss those things.

MR. HARRISON: During the day.

MR. ENGLISH: Probably be better for evening.

MS. LEWIS: I'm open next week.

MR. ENGLISH: What date suits you.

MS. LEWIS: Doesn't matter.

MR. ENGLISH: Want to go into next week, Tuesday, Wednesday doesn't suit me.

MR. NIEMEYER: Does not. How about Monday, seven o'clock.

MR. ENGLISH: Get everybody together. The 17th.

MS. LEWIS: No, the 10th.

MR. ENGLISH: Sorry, I'm a little ahead. Monday the 10th is fine, or Wednesday. What do you want to go more, Monday the 10th. Mr. Croswell, I know you're out there, does Monday the 10th suit you.

MR. CROSWELL: Any day that suits you I'll make it work.

MR. ENGLISH: Thank you. Say seven o'clock.

MR. CROSWELL: On what day.

MR. ENGLISH: Monday the 10th.

MR. CROSWELL: Monday, February the 10th.

MR. ENGLISH: Yes, sir.

MR. CROSWELL: At what time.

MR. ENGLISH: Seven o'clock.

MR. CROSWELL: Seven o'clock, February 10th. Fine.

MR. HARRISON: Will it be overtime.

MR. ENGLISH: Does that suit anybody else. I will contact Davis Bowen for that. Moving on to the next order of business. The storm water management. As you know in the past we have to decide if we're going to continue to let Talbot County manage our storm water or we're going to do it. Here's Talbot County's plan. I'd like you to look at it. We need to get a workshop to discuss what we're going to do because we have to answer to the State if we're going to stay with Talbot County or set our own up. We need to look at that. So you all can review it and get back to me. Is there any other old business to come before the Council at this time. If not, I'll move into new business. The County is considering passing an excise tax on new development. I have some information I would like for you to review. You have enough. I have one for you too, Dave. One for him, one for Brynja. The only reason I hand those out is I'd like to have you review them and we should stay on top of it because the County is probably going to try to go that route, so we need to be as informed as we can be before they have another meeting. I'm assuming they will be setting up some meetings soon.

MR. HARRISON: This is the County's letter.

MR. ENGLISH: Yes.

MR. HARRISON: Is this -- the last two pages, is that the actual –

MR. ENGLISH: That's what is proposed as far as I know. If you don't have any other questions on that, I'll move on to the next order of business, which is the Sheriffs office. What I'd like to do is set up an executive session for the Council and the Sheriff and the Chief deputy to meet to discuss the contract that we have with the Sheriffs department and the patrolling of the Town of Trappe. That's why I would like to do it in executive session because we don't want to tell everybody what hours we're going to patrol so that all the criminals know when we're going to do it.

MR. HARRISON: Oh, darn.

MR. ENGLISH: If you'll give me another date so I can tell the Sheriffs office to set that up.

MR. NIEMEYER: How about the following Monday, the same time.

MR. ENGLISH: That's fine. 17th at 7:00. Is that agreeable to everybody?

MR. NIEMEYER: I'll get in touch with the Sheriffs department.

MR. ENGLISH: Okay. I have one little item that's not on the agenda, but the next order of business, we approved an annexation request tonight and to run with that -- once that annexation agreement or the annexation is either approved or taken it's final, whatever is going to happen with it, Davis, Bowen and Fidel has submitted a proposal for engineering services to -- for water and waste water facility plant to estimate capital improvements needed for plant and growth area. What I would like to do, you all received copies of it, I hope you all looked at it. The cost is $23,000. That will be paid by the developer if the annexation goes through. I would like permission to sign this upon the annexation being approved so that we can start it as soon as if and when it's done. Is there any questions other than that. I hope I explained it to you all.

MR. HARRISON: Make a motion we authorize the president to sign the $23,000 contract upon final approval of the annexation.

MR. ENGLISH: Is there a second to that motion.

MR. ADAMS: I'll second it.

MR. ENGLISH: Motion made and second to authorize me to sign the agreement with Davis, Bowen and Fidel upon the annexation being finalized. Is there any question on the motion. If not, call for the vote.

JODY CECIL: Ms. Lewis.

MS. LEWIS: Yes.

JODY CECIL: Mr. English.

MR. ENGLISH: Yes.

JODY CECIL: Mr. Harrison.

MR. HARRISON: Yes.

JODY CECIL: Mr. Niemeyer.

MR. NIEMEYER: Yes.

JODY CECIL: Mr. Adams.

MR. ADAMS: Yes.

MR. ENGLISH: Approved. Thank you. Is there any other new business to come before the Council at this time. Hearing none, there is one announcement. February 17th, 2003. The

The February 05, 2003 meeting was recorded stenographically by David Corbin, a Notary Public in and for the State of Maryland, and then transcribed from stenographic notes to printed matter by means of computer-assisted transcription in a true and accurate manner. The "printed matter" was rendered into text using optical character recognition, reformatted, and rendered into a web page by web master, Robert Croswell. Every effort was made to accurately render the text of this document, however, this web page is not intended for use as a legal document. Individuals requiring an official transcript of this meeting should contact the Town Clerk for a copy of the "printed matter".