TOWN MEETING MINUTES
September 1, 2004
7:30 p.m.,
Trappe Town Hall

The regular Town meeting was opened by President Cheryl Lewis and called to order at 7:40 p.m. Vice President Bob Niemeyer and Commissioners Edgar Harrison, Danny Adams, and Norm Fegel were present.

President Lewis introduced our new reporter Christine from Chesapeake Publishing. Everyone stood and recited the Pledge of Allegiance. The August minutes were accepted as presented. The August financial statement was accepted as presented.


Executive Session: August 4, 2004

There was an Executive Session on August 4, 2004 at 8:55 p.m. Council members present were: Cheryl Lewis, Edgar Harrison, Robert Niemeyer and Norm Fegel. Attorneys Dave Thompson and Brynja Booth were present. The meeting was for legal advice regarding contract negotiations.


Executive Session: August 11, 2004

There was also an Executive Session on August 11, 2004 at 6:40 p.m. Council members present were Cheryl Lewis, Danny Adams, Bob Niemeyer, Norm Fegel and Attorney Booth. The meeting was for legal advice regarding contract negotiations.


Old Business:

President Lewis explained the review process of the water and sewer rates explaining the changes in the rates for the town and out of town properties.

Mr. Outten asked questions about the water sewer hookup fees being raised. President Lewis explained that this was not going to be changed; we have already set the rates. Mr. Outten asked to explain to him about our debt, we do not have to pay the loan back in three years do we? President Lewis explained the loan repayment and how we are coming up short every year, that we are dwindling down our savings account more and more and it is time to do something. Mr. Sabin asked if the existing plant as it is now is set up to service more houses or just the existing town. President Lewis said no it can service more houses; the plant is now at 60% of its capacity with 40% still left.

Mr. Sabin continued to ask questions about the annexations and how they would benefit the town in the future. President Lewis then explained what she thought would happen with the Lyons development. Mr. Croswell asked if the new bills for October would reflect the new rates? President Lewis said you will receive the new rates in November for the October billing. President Lewis then asked if anyone had any more questions? There were none.

Motion was made by Com. Harrison to introduce Ordinance 8-2004 amending water and sewer rates as set forth in Ordinance 7-2004. Motion was seconded by Com. Niemeyer.

President Lewis stated that we need to advertise and set the Public Hearing for September 20, 2004 at 7:00 p.m. We will have the Special Town meeting at 7:30 p.m.

MOORE SUBDIVISION:

Attorney Booth gave an update on the Moore subdivision and said that the Planning Commission recommended approval of the plat. Mr. Hall stated that one concern is the forest conservation ordinance which we do not have, must be paid in fee in lieu of for forest conservation, this is a state requirement. The fee amounts to $2,250.00 to be used for forest planting in the future. The second fee is for open space. In the zoning ordinance, 30% of a site must be in open space for a major subdivision of which 50% must be publicly accessible. The applicant has the option to pay the fee in lieu for open space if he cannot meet the criteria. The option to pay the fee is totally up to the Council. The new fee in lieu which is a correction from the last meeting is $2,664.00. The open space provided contiguous to Howell Point Road and the storm water management pond is included in this calculation. This money will be for the town to use on parks and open space. Attorney Booth stated that the public works utilities and storm water go hand in hand. She also stated that Davis, Bowen and Friedel recommended that an escrow account be set up for the pumping station because it is a temporary accommodation for the Moore's. The engineer's recommendation is to reserve an escrow fund for repairs. There has been no amount set. Attorney Booth said that concerning the Public Works Agreement Mr. English has contacted Davis, Bowen and Friedel on the bond estimates and the engineers are now working on this. Mr. English has also talked with Doug Abbott and the wastewater superintendent and they feel that the developer should pay for a wench to be put on the town truck for repairs if needed for the pumping station. The storm water management plan was submitted to DBF before the final approval. It has to be signed off by enforcement authority which the town designates. The sediment erosion and control plan has been submitted to the Talbot Soil Conservation District. There are other issues concerning a storm water pond.

Attorney Booth continued to explain what some of the issues were concerning the storm water pond and whose responsibility it is to maintain the pond. The property owners would be responsible for the maintenance just as if they were in a Homeowners Association, and if not the town would make the repairs and the homeowners would pay the town. Our recommendation is that you put that requirement in a public works agreement and each deed and on the subdivision plat and that you also do the same with sidewalks. Mr. Mike Mertaugh from the Talbot County Public Works has asked that since the subdivision has access to a Talbot County road that we coordinate our public works agreement with him. President Lewis asked if the criterion is met, what do we do next?

Attorney Booth said there are things that you will have to sign off on and you need to make a recommendation for the forestation fee in lieu, open space fee in lieu and you need to make a motion that all of the above be incorporated in the public works agreement and you could take the step to have the President sign off on the agreement once it is complete. The Council continued to discuss some of the issues concerning the agreement.

Com. Harrison made a motion that we authorize the President to sign a Public Works Agreement that includes a fee in lieu of, or completion of a forest plan, fee in lieu of agreement for open space, a storm water management plan, open space ownership maintenance and sidewalk ownership maintenance agreement. Motion was seconded by Com. Fegel.

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

TRAPPE EAST STUDY:

Attorney Booth gave a copy of the impact study for Trappe East to the Council for review. President Lewis asked the Council to please review the study and we will come back to this.

WHITE MARSH SCHOOL ANNEXATION REQUEST:

President Lewis read the Resolution for the Annexation of White Marsh.

A RESOLUTION OF THE TRAPPE TOWN COUNCIL TO ANNEX CERTAIN LANDS LOCATED ON NORTH WEST OF TRAPPE, SITUATED AT THE INTERSECTION OF LOVERS LANE AND WHITE MARSH ROAD IN THE THIRD ELECTION DISTRICT, TALBOT COUNTY, MARYLAND AND CONSISTING OF 11.215 ACRES OF LAND, MORE OR LESS, AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE ANNEXATION TO THE TOWN OF TRAPPE.

Attorney Booth explained that when the Lyons Annexation came forward, the town wanted the school to be involved due to the intersection at the school on White Marsh Road. Attorney Booth explained that there have been meetings with Mr. John Masone from the School Board, and that the Board was very anxious to be annexed into the town at the town's request. On August 18th the School Board voted and on August 24th we received written consent that they wanted to be annexed into the town.

President Lewis asked if anyone had any questions concerning the resolution?

Mr. Croswell suggested that we see whose property the pumping station sits on. Does it sit on the County or Town property? Mr. Croswell felt that we needed to get this cleared up. Com. Harrison stated that we do not have an easement to get to the pumping station but that the school had extended their parking lot for us to get up to it. We will look into this now about an easement.

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.

Com. Niemeyer seconded.

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

Com. Harrison felt that this agreement could be very simple.

Public Hearing will be set for Wednesday, October 20, 2004 at 7:00 p.m. on White Marsh School annexation into the town.


New Business

DESIGN STANDARD BROCHURE:

Com. Harrison said that when we adopted the PN Zone we decided to do a Design Standards Brochure. We have designed a small booklet and have worked with Redman and Johnston to create this booklet of guidelines. President Lewis gave a brief walk through of the brochure for everyone. This brochure should clarify the text Mr. Hall stated and we will have all the pictures and copies for the Council to see.

CREDIT CARD REQUEST:

President Lewis requested that the town get a credit card for Wal-Mart and she explained that the town employees and w/s staff need this for office supplies. The Council was in agreement to have the credit card.

ROAD SIGN REQUEST:

President Lewis stated that several of our town signs have been broken and need replacing. The cost to replace these signs is $158.00 each. Mr. Outten suggested that we check the back room for extra signs. President Lewis said that it will cost approximately $1,000.00 to replace these signs. Com. Niemeyer made a motion to pay the appropriation. Com. Harrison seconded the motion.

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

Motion was made by Com. Harrison to go to Executive Session at 9:00 p.m. Motion was seconded by Com. Fegel.


Announcements: The meeting was adjourned at 8:50 p.m.
Respectfully submitted:

Cheryl Lewis, President

Joedy Cecil, Clerk