TOWN MEETING MINUTES
Public Hearing on Resolution 1-2004
7:00 p.m., Trappe Town Hall
President Lewis called the Public Hearing to order at 7:00 p.m. Commissioners
Danny Adams, Norm Fegel, Edgar Harrison and Vice President Bob Niemeyer
were present.
President Lewis introduced Resolution 1-2004:
A RESOLUTION OF THE COMMISSIONERS OF TRAPPE TO ANNEX CERTAIN LANDS OWNED
BY PAUL E. MOORE IN THE THIRD ELECTION DISTRICT, TALBOT COUNTY, MARYLAND,
AND CONSISTING OF 14,044 SQUARE FEET, MORE OR LESS AND TO PROVIDE FOR
THE TERMS AND CONDITIONS OF ANNEXATION.
President Lewis also said she had the attachment outline for extension
of services and notice to the County.
Attorney Booth said that the Talbot County Planning Commission gave
their recommendation.
There were no other comments from the public.
The Public Hearing was closed at 7:15 p.m.
Respectfully submitted:
Cheryl Lewis, President
Joedy Cecil, Clerk
Minutes of the March 3, 2004 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 February minutes were read and
accepted as presented. The February financial statement was accepted as
presented. The minutes were also approved for the Special Town Meeting
that was held on February 18, 2004, on Health Insurance.
Old Business
RESOLUTION 1-2004
President Lewis read Resolution 1-2004.
A RESOLUTION OF THE COMMISSIONERS OF TRAPPE TO ANNEX CERTAIN LANDS OWNED
BY PAUL E. MOORE IN THE THIRD ELECTION DISTRICT, TALBOT COUNTY, MARYLAND,
AND CONSISTING OF 14,044 SQUARE FEET, MORE OR LESS AND TO PROVIDE FOR THE
TERMS AND CONDITIONS OF ANNEXATION.
President Lewis stated that we have just had a public hearing on Resolution
1-2004 at 7:00 p.m. and there were no comments from the public. Attorney
Booth said that the County Planning Commission had looked at the proposal
and approved it.
Motion was made by Commissioner Harrison to approve Resolution 1-2004,
annexing the land of Paul E. Moore. Motion was seconded by Com. Adams.
Vote: Adams – Y, Lewis – Y, Harrison – Y, Niemeyer – Y, Fegel – Y
DRAKE FERGUSON:
Mr. Drake Ferguson showed a drawing of what he has planned to do in
memory of Mr. Ed Cannon in which he is trying to pick up the spirit of
Mr. Cannon. He had asked the Council’s permission to hang one of Mr.
Cannon’s shovels mounted on a piece of wood with a small attached writing
on the wall in the Council room. The Council gave their permission to
place it in the Council room.
CONCEPT PLAN FOR RECENTLY ANNEXED TRAPPE EAST:
President Lewis read Mr. Hall’s recommendation on the concept plan for
the Trappe East Development.
At the last Council meeting on Wednesday, February 4, 2004, I recommended
that the approval of the Preliminary Application/Concept Plan for the east
side development be postponed for at least a month to give the Council and
the developer time to address Council and staff concerns relating to the
initial application presented by the developer in January 2004. The Council
concurred with my recommendation and postponed their vote on the Concept
Plan until March 2004. A bulleted list of concerns outlined the issues
for the developer to address before concept plan approval could be given,
and issues and concerns for the Planning Commission and developer to focus
on after the concept plan was approved. A copy of the list is attached for
your reference.
During the work session that followed the regular Council meeting, Mr. Bob
Rauch and Mr. John Moynahan presented new renderings and maps to address
the concerns outlined in the bulleted list. The first set of renderings
discussed at the work session displayed the proposed layout and architectural
style of the buildings in the Regional Commercial Area. Mr. Rauch explained
how the building orientation and architectural features of the Regional
Commercial Area will be integrated with the neighboring planned Storefront
Area on Piney Hill Road. Also discussed was the potential view impact from
Route 50 and the other areas of the proposed development.
Other new exhibits showed improved renderings of mixed housing types in
each phase of the project. The Council expressed concerns that the initial
graphics showed exclusive enclaves of housing stock which was not consistent
with the Comprehensive Plan. Mr. Rauch also addressed the concern of a large
number of front loaded garages by presenting several variations of rear
loaded garages on alleys. Numerous view angles on different exhibits
appeared to clarify the Council’s question of how village commercial
areas integrate with residential areas.
Finally, Mr. Rauch explained that Backtown Road will not be used for access
to the proposed Wastewater Treatment Facility. Mr. Rauch concluded his
presentation at the work session with a contour map to explain the distances
to the edge of Miles Creek from the limits of the spray irrigation site.
Based on the new exhibits submitted at the work session and the dialogue
between the Council and the developer, I believe the applicant has
satisfactorily addressed the issues presented in the bulleted list attached
to this memo. Therefore, as Town Planner, I recommend that the Town Council
grant approval of the Preliminary Application/Concept Plan for the east side
annexation area.
President Lewis stated that Mr. Hall recommended approval of the concept
plan. She stated that if you were not at the last meeting we had a bulleted
list that we went over in the workshop, we took basic minutes from the
workshop where we had the concept plan, contour maps and pictures, which were
reviewed and discussed at length.
Commissioner Harrison stated that he has reviewed the Concept Plan extensively
and that he concurred with Mr. Hall that the developer had met its obligation
to show compliance with the Comprehensive Plan and the PN Ordinance. Clearly
the area proposed is within the growth area that the Town has designated for
large scale planned neighborhoods and this is indeed a large scale planned
neighborhood.
Chapter 3 of the Comprehensive Plan requires that the development be a
mixed use development including some commercial use that is tied to the
scale of the proposed community. This plan reflects exactly that. It
requires significant amounts of open space. This plan has over 30 percent
of area reserved in open space and more than half of that open space is in
recreational use of one form or another so it certainly complies with the
land use chapter of the Comprehensive Plan.
Chapter 4 of the Comprehensive Plan deals with transportation. The
Comprehensive Plan encourages connector roads and a hierarchy of streets and
a grid system that will allow alternate routes in case the main routes for
some reason are overtaxed or shut down temporarily. The Concept Plan complies
with the transportation provisions of the Comprehensive Plan. In fact, the
main road through the project follows the Comprehensive Plan map almost
exactly. What the Town had proposed in the Comprehensive Plan was simply an
example, and they followed it very closely with a proposed boulevard, which
would service the entire community. This would give main access onto Route
50 at controlled points. The rest of the streets within the community are
hierarchical in nature and are laid out in a grid pattern that would allow
for alternate routes of travel. Commissioner Harrison stated that the
Concept Plan clearly meets the Town requirements for the transportation
chapter.
In the public facilities chapter of the Comprehensive Plan, the Town requires
newly annexed areas which are proposing large scale development to provide
their own infrastructure, including water and wastewater treatment. These
issues are addressed at length in the annexation agreement. All of the
infrastructure and town services to this which will be provided to this
development will be at the developer’s cost. There will be no long term
infrastructure debt service related to this development for the town taxpayers
to bear.
The Concept Plan also complies with Chapter 6 of the Town’s Comprehensive Plan
dealing with sensitive areas and the ecology. All the forests in the proposed
site have been preserved, and the Plan proposes even more area to be planted
in forest. That certainly provides the natural habitat trails through the
areas that wildlife frequently use. The forested areas are being maintained
and in some cases enhanced. It certainly meets that chapter’s requirements.
Chapter 7 of the Comprehensive Plan sets forth the implementation and rules
for new development. They have waited while the Town has drafted and put
rules in place, and the Council has tonight the final proposal of the PN
Design Guidelines which the Comprehensive Plan envisioned that any developer
would have to follow.
The last step in the preliminary process is on the table tonight. If the
Town grants conditional approval, the developer will have to follow in the
approval process set forth in the PN Ordinance. Having considered the chapters
of the Comprehensive Plan, as well as the requirements of the PN Ordinance,
it is clear that this application is in compliance with the Comprehensive
Plan and PN Ordinance.
President Lewis asked if anyone had any comments.
Attorney Booth said that the floating zone ordinance requires that you find
that the plan is consistent with the Comprehensive Plan and the PN District
Zoning Ordinance. Com. Harrison just made ample findings that it is in
compliance with the Comprehensive Plan and the PN ordinance.
President Lewis read the language set forth in the Floating Zone Ordinance
regarding preliminary application for a floating zone amendment and concept
PUD Plan, stating that if the Town Council finds that the preliminary
application for a PN Zone amendment and PUD Plan approval is generally
consistent with the Comprehensive Plan and the standards of the requested
PN district, the Preliminary Application shall be “conditionally approved”
and referred to the Planning Commission for review.
Motion was made by President Lewis that the Council find that the preliminary
application for the PN zone amendment and the concept PUD Plan submitted are
consistent with the Comprehensive Plan and the standards set forth within
the PN District, and that the Council adopt Mr. Harrison’s remarks on the
Concept Plan and Preliminary Application as the Council’s findings of fact.
Motion was seconded by Commissioner Fegel. The motion carried, and the
Council granted conditional approval.
Vote: Adams – Y, Lewis – Y, Harrison – Y, Niemeyer – Y, Fegel – Y
President Lewis then stated that the Council would have Mr. Hall provide
the Planning Commission with the Council’s findings of fact for its
consideration as the Planning Commission begins its review.
COUNTY MUNICIPAL MEETING:
President Lewis said that the County has a quarterly meeting where they
invite the Towns to come and discuss issues with them. The first issue
is the Accommodation Tax which is basically a tax on hotels, bed and
breakfast, etc. which is not extremely relevant to us. It is up in front
of the Senate now and probably will pass, with an increase to 2%. It starts
out at 1% than goes up to 2% and sunsets in 2 years. St. Michaels benefits
the most from this tax and were in favor of the tax.
EXCISE TAX:
President Lewis stated that the Excise tax was the next tax issue. She
stated that they are going to determine an amount of somewhere between
$3,000 and $5,500.00 on each building permit issued for a new house built
in the towns. We feel the County is collecting this money to do whatever
they want with it. There is no adjustment for where the money is going
to go whether it is for schools, library, school system, roads, community
centers, etc. Pres. Lewis felt that so few of these services are provided
in the south end of Talbot County. When someone taxes us we would like to
know where the money is going to be spent. If our new development is
going to be taxed $5,000.00 for every house being built, it bothers me that
it will be being used in another part of the County. We work very hard for
our money in our Town. There should be some type of waivers for developer
provided services. If we are going to be taxed this amount we should
benefit from it in some way. There needs to be some kind of mechanism
as to where this money is going to be spent. It affects builders, cost of
a house, buyers and municipalities. Tishler did a study on this impact
of the building permits on the dollar amount, on how it would affect each
town. He did not treat Trappe, St. Michaels and Oxford as he did Easton. It
seems that only the town of Easton was the town studied. Mr. Tishler was
supposed to go back and review his decision again. The County has not
provided us with a copy of this study which I was told is finished. This
should be a concern for everyone. The Council was supposed to set up
meetings for each town to discuss with them. This tax will affect everyone.
They need to set a plan that the municipalities can participate in.
TALBOT COUNTY PLANNING COMMISSION MEETING ON FEBRUARY 9, 2004
Com. Harrison gave a brief description of the meeting of the Talbot County
Planning Commission. The Planning Commission has been working on the
Comprehensive Plan dealing with greenbelts in each town, trying to make sure
that the County Comprehensive Plan reflected as closely as possible what the
towns wanted in their Comprehensive Plans. We came out with some minor
adjustments. The minor changes will not have any affect on the inside of
the Town planning area or the boundary of the town. We have a very good
working relationship with the County Planning Commission. When they come up
with their recommendation, we probably will come up with an amendment. Their
recommendations were good.
TASK FORCE:
Com. Harrison has been working with the task force for several months on
the County Gateway Zoning of towns in the County. The County has come
up with a draft proposal. Com. Harrison felt there was nothing objectionable
to him. Some of the provisions are a little weak on the enforceability. The
landscaping was less than in the Trappe Design Guidelines. The Task force
recommendation is that the draft proposal be sent to the County Council.
MR. ROOTER CLEANING PUMPING STATIONS:
President Lewis presented to the Council a contract from Mr. Rooter in which
he now cleans the pumping stations out 4 times a year for approximately
$2500.00 per cleaning. Our wastewater superintendent has submitted a contract
from Mr. Rooter that will decrease the cost greatly if we sign it. Mr. Rooter
has given us a rate of $1300.00 per cleaning since we are now contracting
him yearly to do this. If we sign the contract we will no longer be paying
by the job, but by a contracted price, saving the town approximately
$1200.00 per cleaning.
Motion was made by Com. Niemeyer that we authorize Jackie Naylor to sign
the contract. Motion was seconded by Com. Harrison.
Vote: Adams – Y, Lewis – Y, Harrison – Y, Niemeyer – Y, Fegel – Y
New Business:
ORDINANCE 1-2004 - Amending the Zoning Ordinance
Attorney Booth read Ordinance 1-2004:
AN ORDINANCE OF THE TOWN OF TRAPPE AMENDING THE ZONING ORDINANCE TO CREATE
SECTION 32, ENTITLED “PN DESIGN PERFORMANCE GUIDELINES, SECTION 33, ENTITLED
LIGHTING DESIGN STANDARDS, SECTION 34, ENTITLED “PARKING DESIGN STANDARDS”,
SECTION 35, ENTITLED “STREET DESIGN STANDARDS”, SECTION 36, ENTITLED
“SIDEWALKS, CURBS AND GUTTERS”, AND SECTION 37, ENTITLED “LANDSCAPING AND
ENVIRONMENTAL STANDARDS”
Attorney Booth stated that the Planning Commission has been working on
additional sections to the zoning ordinance for several months. The first
section of this amendment for design guidelines applies only to the PN
district. The additional sections of the Design guidelines require the
Planning Commission to review concept plans to make sure that they comply
with the design standards that will apply throughout the Town. The Planning
Commission at their last meeting made a recommendation to the Town
Commissioners to introduce the design guidelines. The Planning Commission
would like to review the proposed amendment once more before the public
hearing. It is here tonight for introduction only.
Commissioner Harrison introduced Ordinance 1-2004:
AMENDING THE ZONING ORDINANCE TO CREATE SECTION 32, ENTITLED “PN DESIGN
PERFORMANCE GUIDELINES, SECTION 33, ENTITLED LIGHTING DESIGN STANDARDS,
SECTION 34, ENTITLED “PARKING DESIGN STANDARDS”, SECTION 35, ENTITLED
“STREET DESIGN STANDARDS”, SECTION 36, ENTITLED “SIDEWALKS, CURBS AND
GUTTERS”, AND SECTION 37, ENTITLED “LANDSCAPING AND ENVIRONMENTAL STANDARDS”.
Motion was seconded by Com. Fegel.
Vote: Adams – Y, Lewis – Y, Harrison – Y, Niemeyer – Y, Fegel - Y
ORDINANCE 2-2004 – Amending Section 31 PN District
Attorney Booth read Ordinance 2-2004 amending the zoning ordinance entitled
PN district which we just adopted. She stated that there were corrections
that needed to be made. The first correction was that the storefront area
and the Village Center area were flip flopped and this was causing
considerable confusion. So we have fixed that one typographical error which
ads another section 31.07. The second amendment was on the Land Use Table
which applies only to the PN District. The Land use table describes permitted
and special exception uses allowed in the Village Center, Storefront Area,
Central Residential Area, and the Single Family Residential Area.
The Planning Commission recommended to the Commissioners at the last meeting
for you to introduce tonight.
Com. Harrison introduced: ORDINANCE 2-2004
AN ORDINANCE OF THE TOWN OF TRAPPE AMENDING SECTION 31 OF THE ZONING
ORDINANCE ENTITLED “PN PLANNED NEIGHBORHOOD DISTRICT” TO CORRECT A
TYPOGRAPHICAL ERROR RELATING TO THE DEFINITION OF STOREFRONT AREA AND
VILLAGE CENTER AREA AND BY ADDITION SECTION 31.07 ENTITLED “LAND USE TABLE
FOR THE PN DISTRICT”.
Motion was seconded by Com. Niemeyer.
Vote: Adams- Y, Lewis - Y, Harrison – Y, Niemeyer – Y, Fegel – Y
Public Hearing is set for Ordinance 1-2004 on April 7, at 7:00 p.m.
Public Hearing is set for Ordinance 2-2004 on April 7, at 7:15 p.m.
Before the regular Town Meeting.
SPACE FOR MR. HALL:
President Lewis told the Commission that Mr. Hall needed more space to
set up his new equipment. We would like to move Mr. Hall upstairs where
he has the room to set up his plotter and new equipment. According to the
Annexation Agreement it provides for a Planner and his office. We are
asking for new furnishings that amount to approximately $2,000.00, new phone
system, and central heating and air condition. Since this will cost over
$5,000.00 we will need to put this out for bids. We would also like to
hook up the DSL with Verizon. I am asking for approval to move forward.
Motion was made by Com. Harrison to go ahead with move and put the HVAC
out for bids. Motion was seconded by Com Adams.
Vote: Adams – Y, Lewis – Y, Harrison – Y, Niemeyer – Y, Fegel - Abstain
MUNICIPAL MEETING:
President Lewis said that the towns of Oxford, St. Michaels, Queen Anne
and Easton would like to start having municipal meetings where they could get
together, become involved in discussing things that are beneficial to the
towns.
President Lewis would like permission to participate. The first meeting
will be held on March 17, 2004 at 6:00 p.m. The meeting will be open to
the public and for all commissioners of the towns. It will be like a
workshop meeting. We will be floating around the towns for meetings. All
Commissioners felt that this was a great idea.
COMPUTER EASTON MIDDLE SCHOOL
President Lewis suggested to the town that the Middle School has set up a
Parent Welcome Center and they are in dire need of a computer. I tried to
get donations but have not had any success. The computer will be used for
parents to go in and see about their children’s grades etc. Since we have
Joedy’s old computer, I would like to see how you would feel about donating
it to the Middle School. Commissioner Harrison felt it was a good idea.
All were in favor.
GRASS CUTTING BIDS:
President Lewis said that it is now time to advertise for grass cutting bids.
We will be placing the ad in the paper next week.
ANNOUNCEMENTS:
- Scott’s United Methodist Church Dinner - March 19th 4:00 to 7:00 p.m.
- Planning Workshop – March 10, 2004
The meeting was adjourned at 8:25.
Respectfully submitted:
Cheryl Lewis, President
Joedy Cecil, Clerk