TOWN MEETING MINUTES
May 5, 2004
7:15 p.m.,
Trappe Town Hall

Ordinance 1-2004 – Amending the Zoning Ordinance and
Ordinance 2-2004 – Amending Section 31 PN District


The Public Hearing was opened by President Cheryl Lewis and called to order at 7:15 p.m. Commissioners Edgar Harrison and Norm Fegel were present.

President Lewis explained that we had a public hearing last month on Ordinance 1-2004, but due to an incorrect date in the newspaper we have to have another Public Hearing. She asked if anyone had any questions. There were none. The hearing was closed.

President Lewis read Ordinance 1-2004 Amending the Zoning Ordinance.

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”.

President Lewis explained that we had a public hearing last month on Ordinance 1-2004, but due to an incorrect date in the newspaper we had to have another Public Hearing. She asked if anyone had any questions. There were none. The hearing was closed.

President Lewis read Ordinance 2-2004 Amending Section 31 PN District:

AN ORDINANCE OF THE TOWN OF TRAPPE AMENDING SECTION 31 OF THE ZONING ORDINANCE ENTITLED “PN NEIGHBORHOOD DISTRICT” TO CORRECT A TYPOGRAPHICAL ERROR RELATING TO THE DEFINITION OF STOREFRONT AREA AND VILLAGE CENTER AREA AND BY ADDING SECTION 31.07 ENTITLED “LAND USE TABLE FOR THE PN DISTRICT”.

She asked for any public comment. There was none. Public Hearing was closed.


Town Meeting
7:30 p.m., May 5, 2004, 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 April minutes were accepted as presented. The April financial statement was accepted as presented.

EXECUTIVE SESSION: April 15, 2004

There was an Executive Session on April 15, 2004 at 7:15 p.m. Council members present were: Cheryl Lewis, Edgar Harrison, Bob Niemeyer and Norm Fegel, Attorneys Brynja Booth and Dave Thompson were also present.

The meeting was for legal advice regarding personnel issues.

Old Business

UPDATE ON COUNTY EXCISE TAX:

President Lewis gave a brief report on the meeting with the County Council on the Excise Tax that they had with all the municipalities concerning the tax. Everyone is very concerned over what the tax really is. They are going to present a draft of the legislation at the meeting on May 18th at the Town municipal meeting on excise tax – impact taxes. They have given the town 7 days to respond to their suggestions. The Towns together submitted a letter to the County. Some of the impact fee concerns stated in the letter included:
  1. The fee should only be for new construction.


  2. Revenue should be shared with municipalities.


  3. Define and exempt affordable housing


  4. Administrative expenses associated with collecting the fee should be reimbursed to the towns.


  5. Accessory buildings, renovations, and additions should be exempt.
We have sent this to the County and they are working on legislation.

PUBLIC HEARINGS ON ORDINANCE 1-2004 AND ORDINANCE 2-2004.

President Lewis said that we have just finished having public hearings on both of these Ordinances. The newspaper had published the incorrect date for the first public hearings, so we had to have another one on these Ordinances.

Com. Harrison reintroduced Ordinance 1-2004:

Motion was made by Com. Harrison to adopt Ordinance 1-2004 - Amending the Zoning Ordinance. Motion was seconded by Com. Fegel.

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

Com. Harrison reintroduced Ordinance 2-2004 – Amending Section 31 PN District.

Motion was made by Com. Harrison to adopt Ordinance 2-2004 - Amending Section 31 PN District. Motion was seconded by Com. Fegel.

Vote: Lewis – Y, Harrison – Y, Fegel – Y

FENCES FOR POOLS:

Mr. English said that at the last town meeting Mr. Brigerman had asked to have the Ordinance of 6 ft. fences around pools changed to 4 ft. Mr. English had explained to the Town Council that he had reviewed the Ordinance on 6 ft. fences for swimming pools and sent it to the Planning Commission for review. Enclosed were the Ordinances from St. Michaels, Easton and Oxford. The Planning Commission reviewed the International Building Code permitting 4 ft. fences around pools. The consensus of the majority of the Planning Commission was to discontinue the Ordinance requiring 6 ft. fences and follow the International Building Code 2000 that allowed 4 ft. fences.

Com. Harrison read Ordinance 3-2004:

AN ORDINANCE OF THE TOWN OF TRAPPE AMENDING SECTION 26.16 OF THE ZONING ORDINANCE TO REQUIRE THAT FENCING USED TO ENCLOSE SWIMMING POOLS FOLLOW THE MINIMUM HEIGHT REGULATIONS AS ESTABLISHED BY THE INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS.

Com. Harrison said that we have one descending vote, but that we should adopt the 2000 International Building Code since we adopted this as our building code.

We will set a Public Hearing on Ordinance 3-2004, June 2, 2004 at 7:15 p.m.

HVAC – Air Conditioning Town Office

President Lewis explained that the first bid that we received from Comfort Air which was the lowest bid, turned out to be the next to the highest bid, because they had forgot to include the garage. The second lowest bid that we received was from DMO, so in light of the situation I entertain a motion to accept the second lowest bid from DMO which is now the lowest bid.

Motion was made by Com. Fegel to except DMO’s bid. Motion was seconded by Com. Harrison.

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

ATLANTIC BROADBAND:

President Lewis read a letter from Atlantic Broadband who has taken over our cable company. The letter basically stated how good a company they were and that they were going to have high speed internet soon. They expected to have all of their upgrades by December of 2005. For those of you who do not know Verizon is offering DSL here in this area now.

New Business

ORDINANCE 5-2004 BUDGET 2004-2005

New Town Budget for 2004-2005

President Lewis began by quoting our last reporter who wrote in the newspaper an article from last year where it stated that the Town did not raise taxes even though we had shortages from the State. We did not try to ignore repairs on any roads, ditches or improvements, but we opted to maintain to pay bills and see how we make out in the next twelve months. She introduced the budget and noted to everyone the changes in each category. She stated that the only new revenue in the budget is a trash pickup fee. If you will note, 30% of our budget goes to trash pickup. With our special trash pickup days it becomes quite an expense. I am recommending that we charge a fee of $5.00 a month for trash pickup. We are working on trying to find a way to cut this cost, either by recycling or charging a monthly fee of $5.00 for each residence.

Public Safety is the next change, the fee of $15,000.00 that was paid to the Sheriff’s Department we will no longer be paying. I have talked with the Sheriff and it was suggested that we donate $5,000.00 and let them spend the money as they needed and we would still get the same protection as the other areas. We would like to use the other $10,000.00 to start working on something else with the money. President Lewis said that there were grants out there to contract from another police department one of their officers to patrol or work for our town. That way we would have a body all year.

We are hoping to change the Street repairs and maintenance. President Lewis suggested that we borrow $100,000.00 for capital improvements on the streets and storm water system including ditches etc. If we put the $5.00 fee on each household it will take care of the loan.

Com. Harrison agreed that it was time to stop paying the police department and look for another source for protection. He also liked the idea of fixing up streets, storm water, ditches etc. around the town, he felt as though the new loan would help in fixing things in the town that people had problems with.

We definitely need to make some changes in our trash pickups. Most towns charge per item for pickup. President Lewis felt that trash was an expense that we should charge for the service. Residents can control this by recycling. They do not realize the more trash you set out the more it costs the town and residents.

STORM WATER ISSUES:

President Lewis said we have had a lot of people complain that since we have had so much rain and the streets and ditches have filled up with so much water, that ditches are being washed away and there is little drainage for some streets. President Lewis said that the issue is that we have had six years of draught and now the sudden downfall of rains has come and the ditches have dried up. We do not have a storm water management maps that show all the swales and water drains. Com. Harrison has agreed that he and I will walk the town and find the trails where the water drains and swales are, mapping them out in all subdivisions and throughout the town. This will give us a clear understanding of how these should work. We will ask for help from the State and try to get a plan started. Then we would know where the worst areas are and start working on them. President Lewis suggested that would give us some time to work on finding grants that might help. This will also give the citizens time to let us know where the water flowed before.

President Lewis said that the Capital Improvement Plan – replacement of roads as a whole and set up a plan to hit what we can each year for repairs and replacements. Com. Harrison suggested that we really need to do something on Hennissee Lane. There was a continued short discussion on Storm water and Roads.

BUDGET WORKSHOP:

Budget workshop set for May 11th at 7:00 p.m.

Public Hearing is set for May 26th at 7:30 p.m.

RETYPING OF ZONING ORDINANCE:

Mr. Hall retyped the whole Zoning Ordinance and Mr. English and Mr. Harrison along with himself and the entire Planning Commission reviewed the Ordinance. They made the proper corrections in red. The Planning Commission made a recommendation to the Town Council to adopt and then to give it to the town attorney for review. The Ordinance has not been updated since 1974. There were three changes that were inconsistent with the State Law which are listed in Ordinance 4-2004.

Com. Harrison introduced Ordinance 4-2004

AN ORDINANCE OF THE TOWN OF TRAPPE TO REPEAL AND REENACT IN ITS ENTIRETY THE ZONING ORDINANCE OF THE TOWN OF TRAPPE TO REFLECT RENUMBERING, REINDEXING AND REFORMATTING, AND TO AMEND SECTION 12 OF THE ZONING ORDINANCE WHICH CONFERS TAXPAYER STANDING TO APPEAL ZONING DECISIONS OF THE TOWN COUNCIL AND THE BOARD OF APPEALS, AND TO REPEAL IN ITS ENTIRETY SECTION 26.11, WHICH PERMITS THE PLANNING COMMISSION TO DENY THE ISSUANCE OF A BUILDING PERMIT ON THE BASIS OF ADVERSE EFFECTS OF NEARBY PROPERTY VALUES, AND TO REPEAL SECTION 5:00 (4), WHICH CONFERS EXTRATERRITORIAL ZONING POWERS ON THE TOWN.

PUBLIC HEARING IS SET FOR June 2, on Ordinance 4-2004 at 7:00 p.m.

Retyping of the Zoning Ordinance.

President Lewis said that the County has once again offered to do our tax bills.

We are now doing them in house. How do you feel about letting the County do our bills? Everyone agreed to do the tax bills in house.

Com. Harrison updated the Council on the work of the Planning Commission which included recent legislative recommendations and the village redevelopment plan of the existing village center. The next area we will be focusing on will be the Highway overlay design standards and a comprehensive rezoning consistent with the Comprehensive Plan.

ANNOUNCEMENTS: Com. Harrison made a motion to adjourn to Executive Session.

Motion was seconded by Com. Fegel. Returned from Executive Session at 8:55 p.m. The meeting was adjourned at 9:00 p.m.

Vote: Lewis – Y, Harrison – Y, Fegel – Y
Respectfully submitted:

Cheryl Lewis, President

Joedy Cecil, Clerk