Town of Trappe, Maryland - June 2004 Council Meeting Minutes

TOWN MEETING MINUTES

June 2, 2004
7:00 p.m.,
Trappe Town Hall

Public Hearing

ORDINANCE 4-2004 – AMENDING REPEALING AND REENACTING IN ITS ENTIRETY SECTIONS 12, 26.11 AND 5.00 OF THE ZONING ORDINANCE.

The Public Hearing was opened by President Cheryl Lewis and called to order at 7:10 p.m. Commissioners Edgar Harrison, Bob Niemeyer and Norm Fegel were present.

President Lewis read 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 OF THE TOWN

President Lewis asked if anyone had any questions they would have to stand, state your name and address starting with town citizens.

Mr. Rob Wieland, 29441 Maple Avenue stood and said that on reading the Ordinance he objected to having the words (or any taxpayer) scratched out from the Ordinance. As a taxpayer in good standing in the Town he felt that it reduced his rights, he would be loosing his right to vote. He opposed on face of it taking his rights away. Mr. Harrison stated that for the record Mr. Wieland has submitted his remarks in writing.

Mike Rust, an Attorney from Easton, stated that he represented a group of people who have property that abuts up to the town or at least the green zone area. They are greatly concerned about the striking of taxpayer’s status to appeal from decisions like the zoning matters. Their concern is primarily that the taxpayer of the town has a right to raise an appeal that gives every taxpayer a stake in the town as a whole. It builds a sense of community.

People on the other side should be able to raise concerns also; both sides should be able to voice an opinion. There may be some legal issues there, look at 66B it says that taxpayers have standing. Not sure that the Council has the ability to change this.

Tom Alspach - 4736 Sailors Retreat, Oxford, MD stated he feels that the amendment could disfranchise a large group in town from Trappe East. The power of this board will pass from you to Trappe East: this Council will not be setting up there as the Council some years from now. If we modify the Zoning Ordinance you will no longer have the authority to appeal the Zoning Ordinance. People on the west side of Route 50 would like to try to hold on to some say of what goes on in the community.

The Public Hearing was closed at 7:14 p.m.

Public Hearing

ORDINANCE 3-2004 – Amendment Section 26.16 Zoning Ordinance – Fences for Swimming Pools

President Lewis opened the public hearing at 7:17 p.m. with the reading of 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.

There was no response from the public and the hearing was closed at 7:18 p.m.

Town Meeting

7:30 p.m., June 2, 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 May minutes were accepted as presented. The May financial statement was accepted as presented.

EXECUTIVE SESSION: May 5, 2004

There was an Executive Session on May 5, 2004 at 8:55 p.m.

Council members present were: Cheryl Lewis, Edgar Harrison, and Norm Fegel, Attorneys Brynja Booth was also present.

Lou Diefenderfer:

Ms. Diefenderfer asked the Commissioners if the Main Street could be closed for the Trappe Volunteer Fire Company and the Friends of Homerun Baker parade on July 17th at 6:00 p.m. The Council members were asked by Ms. Dunn to ride in the parade also. There were no objections and the Council approved the closing of the street for the parade.

The carnival will be Wednesday, Thursday, Friday and Saturday.

OLD BUSINESS:

TOWN BUDGET - ORDINANCE 5-2004

President Lewis read:

AN ORDINANCE OF THE TOWN OF TRAPPE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2004 AND ENDING JUNE 30, 2005 AND ESTABLISHING A TAX RATE OF $.30 PER $100 OF ASSESSED PROPERTY VALUE.

President Lewis explained that we have created, along with the new budget a new $5.00 per month trash pickup fee for each pickup site. We have had a workshop and just held a public hearing on the budget on May 26th. We had one citizen to attend the public hearing who was concerned over the trash fee. She felt that we needed to be more concerned about recycling and the amount of trash that people put out. Her other concern was the Sheriff’s Department; which we have decided to give a $5,000.00 donation to this year, we explained that we do feel it is important to support the Sheriff’s Dept. There are times we need them. There were no comments on the General Budget. President Lewis then read:

This goes along with the budget.

RESOLUTION 3-2004

A RESOLUTION OF THE TOWN OF TRAPPE ESTABLISHING A TRASH PICK UP FEE OF $5.00 PER RESIDENTIAL UNIT AND OR COMMERCIAL PICK UP SITE PER MONTH.

There was discussion on the charges for trash collection in other towns and outside of towns. President Lewis said that 30% of the budget goes to trash collection and with this new fee we hope to be able to stagger some of the money to street and storm water improvements. We are struggling now just to maintain. We are hoping that this fee will encourage people to recycle. We will review after the first year and see if the trash cost has been reduced. We do have recycling and it costs nothing for the town to use.

Com. Harrison made a motion to adopt Budget Ordinance 5-2004. Motion was seconded by Com. Niemeyer.

Vote:

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

President Lewis said that along with the budget was the resolution to add the fee of $5.00 for trash collection which is actually passed with the budget since it was included in the budget. It was mentioned about the flush tax and there was a discussion about the people of the town having to pay for this since we now have the newest up and running sewage system.

President Lewis asked if anyone had any questions about resolution 3-2004. She stated that this fee will free up about $24, 000.00 this year to allow us to acquire one or two loans to actually do some repair to the streets and storm water system.

This seems to be the biggest complaint that the citizens now have, since we have had so much rain. We hope this will help us to work on our system. Com. Harrison felt we have just been patching the problems; hopefully we can fix some of them. We plan to walk the areas and map out what areas have problems.

Com. Niemeyer made a motion to approve Resolution 3-2004. Motion was seconded by Com. Harrison.

Vote:

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

ORDINANCE 4-2004

President Lewis said that we have just held a public hearing on Ordinance 4-2004. We had several comments at the hearing from citizens and I would like for our Attorney to explain what we are doing and why we are doing it.

Attorney Booth explained that some of these are touchable legal issues. She understood some citizens were concerned is the notion of tax payer standing on this. Mr. Rust and Mr. Alspach have made some comments of a legal nature. The Court of Appeals has addressed these issues and the State Law has addressed some of these issues. Mr. Rust is completely right you all do not have the authority to change State Law. The only authority that you have is to change the laws that you adopt. Mr. Thompson and I recommend that you remove the tax payer notion; it does not affect anyone’s rights sitting here today. The State or the Court of Appeals gives citizens the right to challenge things. Several districts in Maryland and Talbot County have adopted the grieved party standard for filing appeals. One thing mentioned is that you are going to have a political dynamic that could alter things when this significant development happens to this town. You will need to have fair representation by voting district an issue that the town is going to face. Attorney Booth explained that if someone were to come in for a fence permit or swimming pool or a shed permit and they come in to Mr. English as zoning administrator or the Zoning Appeals Board, an absentee property owner who might not live in the town, can object to someone’s fence on the other side of town and take it to the Court of Appeals. It affects the people in the audience when they come and want to have things done on their property. Neighbors and anybody have the right to participate at the administrative level. The Court system is very costly and this is the way litigation happens. This change does not alter any rights under the State Law consistent with what other jurisdictions do, what State Law and Talbot County does. Our recommendation is that you make this change.

Mr. Rob Wieland asked “what is the compelling reason for taking away my right to appeal a zoning issue?” I have that right now after this amendment I will not. Attorney Booth said the amendment is not taking away any right that you have under State Law. Attorney Booth said that if you had a neighbor who wanted to put in a swimming pool and you did not like it you could challenge this under certain circumstances. The State values the right for you to use your own property and you would have to have a particular impact on you to be able to use the court system. Mr.Wieland “that is not a reason for taking away my rights”. Mr. Wieland asked that the Commissioners please think long and hard about this recommendation. President Lewis explained that the amendment is a method of cleaning up something not removing your right. The annexation referendum was used as an example of a similar issue. The law still allows for annexation referendum. The law still allows for basically everything that is out there. We just went through the Zoning Ordinance from the first page to the end. These were things that were addressed by the State Law that we just cleaned up. We felt that they did not need to be there.

Motion was made by Com. Fegel to adopt Ordinance 4-2004 Appealing & Reenacting the Zoning Ordinance. Motion was seconded by Com. Niemeyer.

Vote:

Lewis – Y, Harrison – Y, Niemeyer – Y, Fegel - Y

ORDINANCE 3-2004 – Amending Section 26:16 Fences Swimming Pools

President Lewis read:

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

President Lewis said that we have just had a public hearing on this ordinance in which no one spoke. She said that we will now be using the International Building Code for fences and swimming pools. Mr. Harrison stated that we have a favorable recommendation from the Planning Commission to resort to the International Building Code which allows 4 ft. fences around pools instead of 6 ft fences.

President Lewis mentioned that the Commission has been reviewing every document and putting them in the computer and whenever they see something that needs to be changed they are making corrections. We will be finding things that we are not comfortable with in law. This will not be the first or the last issue.

The Charter will be next.

Motion was made by Com. Fegel to adopt Ordinance 3-2004 Amending Section

26:16 Fences and Swimming Pools conforming with the International Code. Motion was seconded by Com. Harrison

Vote:

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

UPDATE COUNTY EXCISE TAX:

President Lewis said that the County was trying to introduce an excise tax. She asked Mr. Hall to give his update of the Talbot County meeting on the County Excise Tax. Mr. Hall gave a brief description of the last meeting where the County Attorney Mike Pullen reviewed the redraft of impact fees/excise tax bill with the County Council after the towns had all submitted their comments to the County to try and get in what the towns recommended including their recommendations for affordable housing, exempting for additions, renovations, and secondary accessory structures. The County Council had a workshop with the towns and employees. Mr. Hall stated that four of the members of the Council wanted to wait to introduce the bill until they have another meeting with the municipalities, but Mr. Foster was against it and he introduced it anyway.

The next meeting will be on June 3, 2004 at 5:00 at the County Council room.

This will be the final draft of the bill this bill will include significant cost of $5,000.00 or plus on new construction. President Lewis said that we have found out that it is an excise tax and impact fee. They are going to do both. They keep mentioning additions having to pay but they seem to leave out guest houses having to pay. Mr. Hall said the impact fees collected should be spent in the towns where they are collected. The discussion continued on where the money will and should be spent. The money will be spent on schools, roads and parks and libraries. Public Hearings will probably be in June and July being passed by August or September.

Com. Harrison felt that the big objection was the double tax to anyone who lives in town; the roads will be the biggest single item. Everybody uses all of the roads. If you live in the town you have to pay for your own roads plus paying for County Roads. This is not a fair tax; the town people are being double taxed. The Library is the same. We are going to pay for the library in Easton and then if we build one we will have to pay the full amount plus helping with theirs.

NEW BUSINESS:

2004-2005 ENTERPRISE FUND BUDGET:

President Lewis asked the Council to set up a workshop for the Enterprise Fund Budget. She stated that she did not feel comfortable to submit a budget tonight. I would like to set up a workshop.

The plant has been operating for a full year and all of our interim notes have been turned over into principal and interest paying notes. We have a much better feel of what the cost looks like.

Workshop date is set for June 23rd at 7:00 p.m. on W/S Budget and fees.

LOCAL GOVERNMENT INSURANCE TRUST:

President Lewis told the Council that we are changing from Local Government Insurance Trust Fund to ISG of Cambridge for our Property and Compensation Insurance. We had asked for quotes on insurance from different companies since LGIT has gotten so expensive. ISG has given us estimates that will save the town approximately five to six thousand dollars a year. We are considering going with ISG. We will have an update next month.

LYONS PROPERTY ANNEXATION:

Mr. Joe Stevens, representing Mr. Bob Karen, developer of the Lyons property, gave a brief description of what Mr. Karen’s plans are for the Lyons property and potential annexation request. Mr. Stevens described what the plans were for the property and asked to know what the key issues were that the town has.

Mr. Karen also explained who he was, what he represented and what his intentions were toward the town and the property, and stated that he and his partner, Mr. Jeffrey Karuso felt very privileged to be able to work with the town.

Mr. Stevens will look over the annexation agreement and deal with the different aspects of the agreement with the town. He also stated that they are working with water and sewer consultants and engineers for capacity and traffic engineers and the State planners for the entrance way to the school. We will pay all costs and set up an escrow account for the town.

President Lewis said this is a request for an annexation.

Attorney Booth asked if the Council was comfortable in introducing the request for the annexation tonight. Attorney Booth stated that Mr. Lyons has tried to work with the town for years to get this development thru. The town directed the attorneys to review the boundary issues. She stated that the annexation statute sets forth requirements, and this does comply with annexation statute. This will clean up a couple of boundary issues and they are here tonight for introduction.

We are required by State Law to introduce and schedule Public Hearing.

President Lewis proposed that we introduce this annexation resolution.

Com. Harrison introduced Resolution 4-2004:

A RESOLUTION OF THE TRAPPE TOWN COUNCIL TO ANNEX CERTAIN LANDS LOCATED NORTH WEST OF TRAPPE, SITUATED BETWEEN WHITE MARSH ROAD AND MARYLAND HIGHWAY NO. 565, IN THE THIRD ELECTION DISTRICT, TALBOT COUNTY, MARYLAND AND CONSISTING OF 175.068 ACRES OF LAND, MORE OR LESS, AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE ANNEXATION TO THE TOWN OF TRAPPE

Motion was made by Com. Fegel to introduce Resolution 4-2004 Annexing certain lands located North West of Trappe.

Motion was seconded by Com. Niemeyer.

Vote:

Lewis – Y, Harrison - Y, Niemeyer – Y, Fegel – Y

Public Hearing will be Thursday, July 22, 2004 at 7:00 p.m. on Resolution 4-2004 Lyons Farm Annexation.

President Lewis said that we have invited the School to be annexed into the town.

Attorney Booth said that she had actively consulted with John Masone to get the schools input.

President Lewis said that the town had asked our engineers to start on water and sewer from the plant as it stands now. The discussion continued on the plant performance, land application for the area, how much increase flow can plant handle, I & I studies and how reliable are high standards of performance plant currently using.

ANNOUNCEMENTS:

June 5, 2004 – Trappe Fire Co. Annual Community Yard Sale
June 5, 2004 – Trappe United Methodist Church – Strawberry Festival – 6:00 p.m.
June 5, 2004 – Trappe Fire Co. Barbeque

The meeting was adjourned at 9:05 p.m.

Respectfully submitted:

Cheryl Lewis, President

Joedy Cecil, Clerk