TOWN MEETING MINUTES
Minutes of the December 3, 2003 Town Council Meeting
7:30 p.m., Trappe Town Hall


The regular Town meeting was opened by President Cheryl Lewis and called to order at 7:30 p.m. Vice President Bob Niemeyer and Commissioners Edgar Harrison, Danny Adams and Norm Fegel were present. Everyone stood and recited the Pledge of Allegiance. The November minutes were accepted as presented. The November financial statement was accepted as presented.

Executive Session – December 3, 2003

There was a closed executive session on December 3, 2003 at 8:50 p.m. for legal advice. Council members present were: Cheryl Lewis, President, Bob Niemeyer, Vice President, Com. Danny Adams, Com. Norm Fegel and Com. Edgar Harrison.

The meeting was on personnel issues and was held at the Town Hall.

Old Business:

President Lewis attended the quarterly County Council Municipal meeting. She stated that there was an early discussion about County impact fees in the towns, but we were not notified in time to attend the discussion. We would like to work with the Council on this issue.

The first topic was on banning cigarette smoking in public places. Citizens need to be aware that this will be coming up. Another issue was the increase of accommodation tax for hotels, bed and breakfasts and inns of which we do not have in our town. The County Council is entertaining a two step increase in this tax. The first increase will be shared with the towns as is the current process. The second increase will be used solely by the County. President Duncan suggested maybe using these funds for a park near the water.

The final topic included the possible reallocation of Growth Allocation given to St. Michaels, Easton, and Oxford. The County has decided to pull back this allocation and not let the towns use it at their own discretion. St. Michaels was trying to use growth allocation for their new growth area and the County is trying to take it back.

Concerned citizens need to get involved in these issues.

ORDINANCE 6-2003 FLOATING ZONE

Com. Harrison introduced floating zone and read:

AN ORDINANCE OF THE TOWN OF TRAPPE REPEALING AND REENACTING SECTION 14 OF THE ZONING ORDINANCE RELATING TO FEES, CHARGES AND EXPENSES, AND REPEALING AND REENACTING SECTION 15 OF THE ZONING ORDINANCE RELATING TO THE ZONING ORDINANCE AMENDMENT PROCEDURE AND AMENDING THE ZONING ORDINANCE TO CREATE SECTION 30 ENTITLED "FLOATING ZONES."

Com. Harrison stated that there are some minor amendments – adopting the floating zone in the zoning ordinance itself. President Lewis stated that we had the public hearing last month, and asked if anyone had any questions.

Motion was made by Com. Harrison to adopt Ordinance 6-2003 Floating Zone. Motion was seconded by Com. Niemeyer.

Vote:

Adams – Y, Lewis – Y, Harrison – Y, Niemeyer – Y, Fegel – Y

RESOLUTION 6-2003 – Fee in Lieu

Mr. Hall explained that every new developer coming in with a subdivision will be required to provide open space on the site or pay fee in lieu of open space with the Town Council’s permission. These funds, $1,200 per lot, will be applied to our parks and recreation budget to add to, or improve the existing parks.

Com. Harrison read:

A RESOLUTION OF THE TOWN OF TRAPPE ESTABLISHING A FEE IN LIEU OF OPEN SPACE DEDICATION IN THE AMOUNT OF $1,200.00 PER DWELLING UNIT.

There were several questions asked about where the money would be spent and how. President Lewis said that there is a fund that we could use for existing open space. Mr. Schwaninger asked what square footage is required in a subdivision. Mr. Hall answered saying that 15% of a site is required for open space and that 50% of it must be public accessible.

Motion was made by Com. Fegel to approve Resolution 6-2003 Fee in Lieu.

Motion was seconded by Com. Harrison.

Vote: Adams – Y, Lewis – Y, Harrison – Y, Niemeyer - Y, Fegel – Y

RESOLUTION: 7-2003 Cable

President Lewis read: A RESOLUTION GRANTING CONSENT TO THE ASSIGNMENT OF CABLE TELEVISION FRANCHISE.

Mr. Dave Thompson, the town attorney, explained that Charter Cable has divested itself of providing cable services in Talbot County which includes Trappe. They are transferring this to the new owners, Atlantic Broadband and would like for us to sign this resolution to protect themselves from any violation of contract with Charter Communications. When we first signed up we had a 15 year franchise which is now coming up for renewal, and we will be having discussions with them on upgrades. President Lewis stated that we have already had a workshop and the decision was that we sign this resolution. Negotiations with Atlantic Broadband will begin as soon as possible. We would like to have Broadband, so that we could broadcast these meetings. Com. Harrison felt that it was appropriate for us to sign the resolution. Mr. Thompson suggested that we need to talk to some other companies like Easton Utilities.

Motion was made by Com. Fegel to adopt resolution 7-2003 – Cable Television Franchise. Motion was seconded by Com. Niemeyer.

Vote:

Adams – Y, Lewis – Y, Harrison – Y, Niemeyer – Y, Fegel – Y

DAVIS, BOWEN & FRIEDEL – Ms. Annie Williams –EAST ANNEXATION AREA.

Ms. Williams presented the final draft of the Wastewater and Water Facility Plan for the East Annexation Area.

Ms. Williams explained the maps and tables in the plan and the potential of linking the new plant with the existing plant. She noted that the new plant’s biological process could not operate efficiently without the effluent from at least 250 homes. After describing the available capacity at the current west side plant, she recommended allowing the temporary use of the existing plant for the first phase of the east side development until enough homes have been built to allow the new plant to work properly. She further explained the benefits of connecting the two plants across Route 50 and how the cross connection could increase capacity for the existing town and comply with environmental requirements.

Com. Harrison explained that the Planning Commission would be looking over these plans at the next workshop on December 10th. Ms. Williams will be present at the workshop to answer questions before the Commission makes their recommendation to the Council.

New Business:

W/S Hookup for Howard C. Halbig, Sr. – Lot 106 Marvel Drive.

Com. Harrison, we no longer need to give W/S hookup permission since moratorium has been lifted, but we need to make a verbal resolution.

Motion was made by Com. Harrison to rescind the Council’s approval of W/S hookups. Motion was seconded by Com. Fegel.

Vote:

Adams – Y, Lewis – Y, Harrison – Y, Niemeyer – Y, Fegel – Y

SWEARING IN OF NEW COMMITTEE MEMBERS:

Janis Lester – Parks and Recreation

Fred Dallam – Election Board

Henry Outten – Boca Appeals and Boca Review Board

Shirley Outten – Election Board

Mary Taylor – Ethics Board

President Lewis swore in all the new committee members and welcomed them aboard.

LEGAL FEES - BOND COUNCIL

President Lewis presented the final bill for the Bond Council to close out bond loan. The bill is in the amount of $2,306.71 to McKennon Shelton & Henn LLP.

Motion was made by Com. Harrison to pay the bill. Motion was seconded by Com. Adams.

Vote:

Adams – Y, Lewis – Y, Harrison – Y, Niemeyer – Y, Fegel – Y

RENEWAL HOME OCCUPATIONAL PERMITS:

Mary A. Wilson - Beautician

Cheryl Lewis - TNS – Trappe Network Solutions

Jeffrey Beever - T/A Homebiz Inspection Team

Drake & Elizabeth Ferguson – Research – Boat Sales

Motion was made by Com. Niemeyer to approve all four permits as they stand. Motion was seconded by Com. Fegel.

Vote:

Adams – Y, Lewis – Y, Harrison – Y, Niewmeyer – Y, Fegel – Y

SCOTTS UNITED METHODIST CHURCH:

Rev. Hackett of the Scotts United Methodist Church has requested that the church be able to park on Main Street for special occasions and on Sundays for Service. The Church is growing and needs extra parking space. There was a lengthy discussion by the Council concerning farm equipment, fire equipment and safety issues in passing on the street so close to the intersection. Mr. Hall recommended that the Council not approve the request for on-street parking until other alternatives for parking are investigated. President Lewis suggested setting up a meeting with Rev. Hackett to discuss the issue and make recommendations.

MR. DON ENGLISH announced that there would be a public hearing on December 4, 2003 at 6:30 p.m. for the County Hazardous mitigation task force at the Easton Fire House and everyone was welcome to come. Mr. English said that he had a copy of the mitigation plan for review if anyone would like to see it.

MR. THOMPSON announced that there would be a brief executive session on personnel issues.

Announcements: Executive Session:

Personnel issues.
Respectfully submitted:

Cheryl Lewis, President

Joedy Cecil, Clerk