COUNCIL OF TRAPPE TRAPPE TOWN HALL OCTOBER 7, 2015

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1 COUNCIL OF TRAPPE TRAPPE TOWN HALL OCTOBER 7, 2015 Public Hearing 6:45 pm Vice President Potter opened the public hearing for proposed Ordinance and Ordinance Vice President Potter read Ordinance An Ordinance of the Council of Trappe to adopt an updated official zoning map. Ordinance was introduced at the last Council meeting and was advertised in the newspaper for the public hearing. Planner Shull stated that the proposed Ordinance will update the existing zoning map which was last updated in 2000 and since that time the Town has had 3 annexations and some areas designated for manufacturing. The proposed zoning map will bring all those changes together as well as change the zoning of 2 parcels in Town. Both parcels are currently zoned R 1 and will be changed to C 2 (Highway Commercial). Vice President Potter asked for public comment. No public comment was received. Vice President Potter read Ordinance An Ordinance of the Town of Trappe to repeal and reenact Title IV, Section 10, Subsection of the Trappe Zoning Ordinance titled Signs to regulate the size, location and placement of signs within the Town of Trappe. Ordinance was introduced at the last Council meeting and was advertised in the newspaper for the public hearing. Attorney Booth stated that she recommends that the Town not adopt this Ordinance tonight because a case was just decided in the Supreme Court (Reed vs. Town of Gilbert) that struck down all Town sign ordinances because they say that Towns cannot regulate the content of a sign and a Town s sign ordinance has to be content neutral. Attorney Booth stated that a Town cannot for example state that election signs have to be 32 by 32 and have to come down within 15 days of the election or that a Church who wants to have a breakfast can only have a banner up for a certain amount of time. Attorney Booth stated that her concern is that this proposed ordinance does not go far enough to comply with the Supreme Court. Attorney Booth stated that her recommendation to the Council is that they allow her time to continue to refine the ordinance and then go back to the Planning Commission because the new ordinance will not even be remotely similar to what they were working on. Attorney Booth stated that in the meantime public comments were submitted and the Council will have time to review them. Vice President Potter asked for public comment. Michael Sullivan stated that there is no mention on outdated signs and how long you have to take them down. Attorney Booth stated that she and Planner Shull have talked about adding that to the sign ordinance. Bobby Croswell stated that the Council has all his comments in written form but his main concern is how the sign ordinance will mesh with the goals within the Town s comp plan. Mr. Croswell also stated that he doesn t like the part in the ordinance that states that businesses in Town cannot have a sign on Rt. 50 in the commercial area. Mr. Croswell stated that he feels if a property owner gives permission and State Highway allows the sign then the Town should also allow it. No further comments were given. The public hearing was closed at 6:57 pm. Page 1 of 5

2 Council of Trappe Meeting Vice President Potter called the meeting of the Council of Trappe to order at 7:00 pm. Council members Tonya Pritchett, RD Diefenderfer and Don English were present. Other attendees: Brian Endzel, Bobby Croswell, Bobby Quidas, Michael Sullivan, Andrew Kane, Mr. & Mrs. Adams, Deb Cussen, Planner Shull, Chief Ball, Attorney Booth and Clerk Braband. Amendment to the Agenda: No amendments made to the agenda. Presentation of Minutes: Commissioner English made a motion to accept the minutes as presented. Commissioner Pritchett seconded the motion. Clerk s Report: Clerk Braband presented the Clerk s report that is filed in the records. Clerk Braband also presented the current budgets for both the general and the enterprise funds. Clerk Braband reported that the Town received notice that State Highway is moving forward with the funding for the preliminary engineering, beginning the plan preparations and starting the permit process for the sidewalk installation on Rt Clerk Braband stated that the project has also been approved by State Highway for 100% funding as long as the funds allow. Clerk Braband stated that the tenants have moved out of the Town s apartments and she is in the process of obtaining quotes for the repairs and maintenance. Clerk Braband stated that the Town s financial audit has been completed and filed with no extensions needed. The auditors will be at the November 4 th Council meeting to present the audit findings. Clerk Braband also reported that a supplemental budget workshop will be held on October 14 th at 6:00 pm at Town Hall. COMMITTEE AND DEPARTMENT REPORTS Public Safety Chief Ball read his monthly report that is filed in the records. Chief Ball reported that there was a self inflicted stabbing in town today but the person will be ok. Chief Ball also stated that a letter has been sent to State Highway regarding a possible mirror installation on the corner of Maple Ave and Main St to help with traffic. Chief Ball stated that he attended a meeting for a new program called Shine the Blue Light. Chief Ball stated that ED Supply has blue LED lights that they are selling and homeowners will shine them in support of their law enforcement and public safety. Chief Ball stated that some of the Towns in Talbot County are purchasing a few to give out to some of their residents. Page 2 of 5

3 Public Works Commissioner English read the monthly report that is filed in the records. Commissioner English stated that Steve is requesting new scales to be purchased and installed at both well houses because the current ones have failed. Commissioner Pritchett made a motion to authorize the purchase of the scales. Commissioner English seconded the motion. No discussion held. Commissioner English stated that Scott Ireland passed his Water Treatment 1 Operator exam and the paperwork has been sent in to Maryland Department of the Environment for his license. Planning & Zoning Planner Shull stated that the Planning Commission will be working on the Town s comp plan to see if there needs to be revisions done or not. Maryland laws have changed comp plan reviews from every 6 years to every 10 years however if you adopted tier maps then the maps have to be included in the 6 year cycle. The Town of Trappe did tier maps. Planner Shull stated that she attended the Regional Planners meeting in Centreville last month. Planner Shull thanked everyone who came out to the community picnic and meetings will be held to brainstorm for upcoming events. Planner Shull stated that she has sent letters out for property maintenance for people who need to maintain their yards, trim the hedges and grass cutting. Parks & Recreation Nothing to report. Communications Nothing to report. Attorney Updates Attorney Booth stated that Ryan Showalter, attorney for the Lakeside Developer, contacted her and said that the Lakeside special tax district is up for renewal. Mr. Showalter will be at the November meeting to introduce the Ordinance for the renewal. Attorney Booth stated that the special tax district was established around the Lakeside property which allows the developer to put in certain infrastructure when needed and allows a special tax for only the people who live in the district to pay for the infrastructure. This must be renewed every 2 years. Executive Session Vice President Potter stated that an executive session was held on September 2, 2015 to discuss a personnel issue and a real estate issue. ORDER OF BUSINESS BEFORE THE COUNCIL Vice President Potter read Ordinance An Ordinance of the Council of Trappe to adopt an updated official map. A public hearing was held this evening prior to the Council meeting. Page 3 of 5

4 Commissioner English made a motion to adopt Ordinance Commissioner Pritchett seconded the motion. No discussion held. Vice President Potter read Ordinance An Ordinance of the Town of Trappe to repeal and reenact Title IV, Section 10, Subsection of the Trappe Zoning Ordinance titled Signs to regulate the size, location and placement of signs within the Town of Trappe. A public hearing was held this evening prior to the Council meeting. Commissioner Pritchett made a motion to table Ordinance at the recommendation of the Town Attorney. Commissioner English seconded the motion. No discussion held. Vice President read Resolution A Resolution of the Council of Trappe to amend the Town Charter to add Section 414 to address write in candidates in Town elections. Attorney Booth stated that at the last election there were 2 folks that wanted to run a write in campaign which the Town historically allows but there is nothing in the Town Charter addressing write in candidates. Attorney Booth stated that the proposed Resolution would add a revision to the Town Charter addressing writeins and would follow the State law. Attorney Booth stated that the proposed Resolution was given to the Council at the September meeting for their review, was posted online and while there is no requirement for the Council to hold a public hearing she recommended that they take comments. Vice President Potter suggested prior to the meeting that she would like to remove the statement in the proposed Resolution regarding filing any applicable financial disclosure statements and the Town does not have those requirements at this time. Attorney Booth stated that she removed that statement. The Town Council received written comments from Bobby Croswell prior to the meeting regarding his concern about the 14 day certificate of nomination cut off prior to the election. Attorney Booth stated that the reason it is in there is that the Board of Elections does meet prior to the election to finalize the ballot and the absentee ballot and time is needed to do that. Attorney Booth stated that she does not recommend allowing write in candidates right up to the election and recommends leaving the 14 day cut off. Commissioner Diefenderfer and Commissioner English both agreed with Attorney Booth and want to leave the 14 day cut off in the Resolution. Commissioner English made a motion to adopt Resolution Commissioner Pritchett seconded the motion. No further discussion held. Nace s Park Vice President Potter stated that she did not have anything to report at this time. Page 4 of 5

5 Other Business No other business before the Council. Announcements Vice President Potter read the announcements. No executive session has been requested. Commissioner English congratulated Clerk Braband for her graduation from the Academy of Excellence through the University of Maryland. There being no further business to discuss the meeting was adjourned at 7:35 pm. Erin Braband, Town Clerk Rose Potter, Vice President Page 5 of 5