Town Commissioners Other — 2017-09-13

QUEENSTOWN COMMISSIONERS

September 13,2017 PRESENT: President Thomas B. Willis, Jr., Commissioner Hogie Schuster (participated by phone), and Commissioner George L. Plumbo, Jr.. Mike Bowell. Acting Town Manager, Brynja Booth, Town Attomey, and Amy Moore, Town Clerk.

REGULAR MEETING CALLED TO ORDER AT 4:02 P.M.

President Willis informed those present that the Commissioners met in Closed Session at 3:06 p.m. to obtain legal advice from Town Counsel on contract matters, Town Code and Property Maintenance Code enlorcement issues.

PUBLIC WORKS: Lane Cole r Town employee, Chris Ritch, is doing a greatjob getting the street name signs back up.

r Commissioner Plumbo inquired about painting the white strip in front of all the stop signs on the newly paved streets. Per Mr. Cole, these are usually only at state highway owned road intersections, but he would look into the price.

PLANNING: Phil Snyder r Reviewed and approved some Comprehensive Plan amendments r Updated Land Use Plan plat r Commissioner Plumbo asked that the Town check into the landscaping bond at Steamboat Village. There are many dead or dying trees that may need to be replaced.

Lane Cole will follow up on this with Matt Reno and/or Betty White.

FINANCE COMMITTEE: Patricia Bowell r Preparing the annual Highway User Revenue (HUR) report that is due September 30th.

This is the only revenue from the State that is earmarked for specific purposes. She asked ifthe Commissioners wanted to continue to include the boardwalk project in the report, and she was advised yes.

ACTING TOWN MANAGER: Mike Bowetl r Mike Bowell reported that he, Pat Bowell and Lane Cole attended a meeting at the SHA office to discuss the process for permitting access to Rt 50 and Rt 18 related to the Wheatland's property. This meeting was called by Barry Waterman, and the Town,s presence was just to observe.

TREASURER'S REPORT:

checking General Fund $103,217.78 checking Water/Sewer 5144,166.42 checking WWTP Project $286,083.58

MINUTES:

o President Willis motioned to approve the June 14,2017 meeting minutes as written.

Motion seconded by Commissioner Plumbo. Vote: 3-aye, 0-nay o President Willis motioned to approve the July 12,2017 meeting minutes as written.

Motion seconded by Commissioner Plumbo. Vote: 3-aye, 0-nay .

President Willis motioned to approve the August 9,2017 meeting minutes as written.

Motion seconded by Commissioner Plumbo. Vote: 3-aye, 0-nay o President Willis motioned to approve the August 22,2017 Special meeting minutes as written. Motion seconded by Commissioner Plumbo. Vote: 3-aye, 0-nay o President Willis motioned to approve the August 22,2017 Closed Session minutes as written. Motion seconded by Commissioner Plumbo. Vote: 3-aye, 0-nay .

President Willis motioned to approve the August 30, 2017 joint work session minutes as written. Motion seconded by Commissioner Plumbo. Vote: 3-aye, 0-nay o President Willis motioned to approve the August 30,2017 Public Hearing minutes as written. Motion seconded by Commissioner Plumbo. Vote: 3-aye, 0-nay

CLERK:

o Clerk reminded the Commissioners that the QAC COG meeting was that evening at the Commerce Street Creamery at 6:30 p.m.

o Plans from AT&T's consultant for an osprey deterrent were received. Hugh Odom, our tower consultant, has reviewed and recommends approval. As this design is cumbersome and obtrusive than what cunently exists, we would want assurances that we have access to the top of the tower for repairs or maintenance. This design may not be foolproof, per Mr. Odom, and he suggests that it be stipulated that should it not work, AT&T will try

another remedy. Pat Boweil advised that we are in the 4'n and final extension of the rental lease with AT&T. This is the last term ofthe original lease. The deterrent and generator are current modifications that they are planning. The next would probably be a wafer on the tower. That should constitute an amendment to the lease. She suggests the Town may want to amend the terms regarding control of the tower. She and the Clerk

will get with Hugh Odom to discuss further.

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The Town Commissioners confirmed that they are proceeding with the shoreline restoration portion ofthe Lifile Queenstown Creek Boardwalk and Kayak Launch Project. The Town has already been granted a 100o/o grant from Maryland Dept. of Natural Resources - Program Open Space in the amount of $120,000 for the shoreline portion ofthe project. Additional funding is being solicited for the remainder of the

project. Should funding not be obtained, that portion ofthe project will be re-evaluated.

The Clerk presented a Request for Reimbursement form for signature to recaptue the $20.000 design portion of the project.

The MML Fall Conference is October l2-14. Clerk advised that Administrative Assistant Aaron Homey is now participating in the Academy for Excellence in Local Governance program with the University Of Maryland School Of Public Policy. As courses relative to the program are offered at the MML Conferences, it would be beneficial for Mr. Homey to attend the conlerence in Rockville, MD. President Willis

motioned to send Mr. Homey to the MML Fall Conference. Motion seconded by Commissioner Plumbo, and motion canied unanimously.

Complaint was received regarding the parking on Charity Lane at times. Cars that park on the sfeet can make it difficult for passing vehicles, as well as residents trying to get in or out oftheir driveways. Lane Cole advised that he's talked with most ofthe residents on the street regarding this issue and they appear to be complying. Possible widening and repaving ofthe street is slated for FY2019.

The Maryland Dept. of Transportation Capital Program Tour meeting for QA County will be held on Monday, September 25, 2017 at 2:00 pm. in the County Commissioners hearing room.

David Dahlstrom, Upper Shore Regional Planner with Maryland Dept. of Planning (MDP), wants to schedule a conference call with the Town, MDP, MDE and Alan Quimby, QAC Sanitary Engineer to go over the process and timetable for getting the County's Sewer and Water Master Plan amended to include the Town's proposed water tower. Suggested dates were September 26th or 27th. Either date works for the Town and

Town Attomey. Clerk will inform Mr. Dahlstrom.

OLD BUSINESS:

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Boat slip assignments President Willis motioned to approve the Town Manager make all future boat slip assignments. Criteria for assignments will be drafted in resolution form for a future meeting. Motion seconded bv Commissioner Plumbo. and motion carried unanimously.

o Boat slip contracts - Commissioner Plumbo motioned to move the boat slip contract rental period from July I - June 30 to January 1 - December 31, effective January 1, 2018 with rental fees being pro-rated for the remainder of2018. Rental fees may also change during any rental period, based on budget approval in spring each year. Motion seconded by President Willis, and motion canied unanimously.

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Street paving Cornmissioner Plumbo motioned to approve funding the additional costs associated with the paving of Steamboat Avenue in its entirety. Motion seconded by President Willis, and motion carried unanimously.

Commissioner Plumbo motioned to introduce proposed Ordinance l7-05 AN

ORDINANCE OF THE COMMISSIONERS OF QUEENSTOWN TO AMEND THE

QUEENSTOWN TOWN CODE TO ADD CHAPTER 7 TITLED "RESIDENTIAL

RENTAL HOUSING LICENSE AND INSPECTION" TO ESTABLISH A LICENSING

AND INSPECTION PROGRAM FOR RESIDENTIAL RENTAL DWELLING I'NITS

WITHIN THE TOWN OF QUEESNTOWN. Motion was seconded by President Willis, and motion canied unanimously. Ms. Pat Bowell informed the Commissionen that she did some research on how other towns with this type of ordinance are making out. It appears they are getting some push back from the property owners, in addition to having some HOA difficulties, and some have stopped enforcing their ordinances. As for shortterm rental ordinances, they are all pretty much in favor of it and they seem to be working

out pretty well. The Commissioners thanked Ms. Bowell for her information, and set a hearing date for Wednesday, October 25, 2017 at 7:00 p.m.

President Willis motioned to table Resolution l7-103 A RESOLUTION OF THE

COMMISSIONERS OF QT]EENSTOWN TO ADOPT A FEE SCHEDULE FOR

RESIDENTIAL RENTAL LICENSES AND INSPECTIONS until such time as Ordinance 17-05 is voted on. Motion seconded bv Commissioner Plumbo. and motion carried unanimously.

President Willis motioned to introduce proposed Ordinance

17-07 AN ORDINANCE OF

THE TOWN OF QUEENSTOWN TO AMEND THE QUEENSTOWN TOWN CODE

TO ADD CHAPTER 27 TITLED "SHORT TERM RENTALS'' TO INCORPORATE

INTO THE TOWN CODE CERTAIN MINIMUM STANDARDS FOR SHORT TERM

RENTALS WITHIN THE TOWN OF QUEENSTOWN. Motion was seconded by Commissioner Plumbo, and motion carried unanimously. The Commissioners set a hearing date for Wednesday, October 25,2017 at 7:00 p.m. in conjunction with Ordinance 17-05.

There was some discussion on proposed Ordinance

17-06 AN ORDINANCE OF THE

TOWN OF QUEENSTOWN TO AMEND THE QI'EENSTOWN ZONING

ORDINANCE TO ESTABLISH LOCATIONS FOR MEDICAL CANNABIS

LICENSED DISPENSARIES AND MEDICAL CANNABIS LICENSED

PROCESSORS. At the public hearing on August 30, 2017, there was a lot ofpublic opposition to dispensaries being permitted in the Highway Commercial (HC) zone.

Commissioner Plumbo motioned to amend the proposed ordinance by removing the HC zone as a permissible zone for dispensaries. Motion seconded by Commissioner Schuster, and motion carried unanimously. The Commissioners will hold the record open until the next meeting, whereby this ordinance will be eligible for a vote.

A work session was scheduled for 6 p.m. prior to the next Commissioner's meeting on September 27, 2017 to review the draft employee documents and handbook.

NEW BUSINESS:

o Commissioner Plumbo advised that the Town should educate the public on why we should be concemed about our shoreline, use state and federal funding for improvements, and show \4'hy water access and parks bring value to our community. Has a thought that it may be good to create a committee for future projects. Our first project, the shoreline restoration project around the WWTP area will consist of native plants and will reduce

runoff. He would like to see more projecls of that nature around Queenstown Creek.

ATTORNEY UPDATES: Brynja Booth .

Town awarded the WWTP and Water Operations contract at a meeting several weeks ago. She was not present at that meeting and is finalizing the contract for signatures. She will update at next meeting.

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She believes all information and updates by the Planning Commission have been done for the draft Comprehensive Plan. She will check with Peter Johnston, Planner, to make sure all amendments have been included. She will update at next meeting.

o She attended a Critical Area Commission (CAC) panel meeting on the Critical Area Growth Allocation. They will recommend approval to the full CAC on October 4,2017.

r Oral arguments before the Cou( of Appeals on the Waterman brief will be on October 11, 2017 .

OPEN DISCUSSION:

r Commissioner Plumbo stated that the QVFD camival was very well attended. He and some volunteers had community sign-up sheets available for several activities. The leedback was very good.

o John Fitzgerald - Wall St. - surprised the Town Commissioners are continuing with their plans to keep the osprey from the water tower. The residents of Wall St. strongly support the osprey, from them building their nests each spring to bringing food for their young.

Ms. Booth informed him that the Town was put on notice by the fire department of possible legal action as the osprey was a nuisance, and a large branch that fell from the top of the tower damaged a windshield. The terms of the lease with AT&T require them to install a deterrent, and the Town is enforcing it. Mr. Fitzgerald also requested the Commissioners to consider moving Open Discussion back to the beginning of the

meetings. Not everyone wants to stay for the entire meeting before getting a chance to speak on topic of concem to them. President Willis informed that a majority of the time citizens questions can be answered during the meeting while business is being conducted.

It is intended to save time for the Commissioners to allow them to get through their regular business without interruption or having to go over an issue more than once.

o Joe Kelkowski - Aker Rd. - inquired when the mess behind his house was going to be cleaned up. He considers it a fire hazard and it brings his property values down. Ms.

Booth advised she will look into the Property Maintenance Code. He was requested to submit his complaint in writing.

Loretta Hohmann - Steamboat Ave. - asked the Commissioners to consider moving the 4 p.m. meeting back to a later time. It is hard for working people to attend and participate.

Commissioner Willis explained that the Town is a member of the Council of Govemments of QAC and those meetings fall on our first meeting date of the month and usually begin around 6:30 p.m. The Commissioners also wanted to consider those people who do not wish to be out later and would like to attend meetings at an earlier time. He stated that the Tov,n tries to hold all public hearings at the 7 p.m. meeting. He indicated

the Town could consider the request.

Kathy Parker - Second Ave. - Thanked Pat Bowell for all her research on the rental ordinances. The Town is impacted by changes, and knowing what other communities do could help us with our ordinances. Sounds like some valuable information as we move forward.

There being no further business at this time, President Willis motioned to adjoum the meeting at 5:33 p.m. Motion seconded by Commissioner Plumbo, and motion carried unanimously.

MRespectfully su,bmittwed, -

TOW}I OF OUEENSTOWN

CLOSED MNNTINGIEXECUTIVE SI]SSION RTCORD

A public body that mects in closed session may not discuss or act on any matter not permitted under the Maryland Statute summa:ized below. The public meeting law does not apply to cxecutive functions, quasi judicial firnctions, or chance encountels or social meetings.

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DAI'E AND TIME OF PROPOSED CLOSED MEETING ORBX-LCU'I-IVE

SESSION:

Date:

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1 ', 1 ll t / 4 Tirne:

(2) LEGAL AUTHOzuTY FOR CLOSING PUtsLIC MEETING OR GOING INTO

EXECUTM SESSION (circle the section of the law which authorizes the closed sesslon):

Open Meetings Act, Maryland Code Annolated, State Gover-nment A:1icle, $10- s08(a), 2004 l{epl. Vol.

(1) discuss:

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The afrpointmefl, employment, assignment, pronotion, discipline, demotion, compensation, removal, rcsignation, or per.fonnance evaluation of appointees, employees, or officials over whom it ha-s jurisdiction; or (ii) an;, othel personael matter that affects 1 or more specific individuals;

(2) protect the privacy or reputalion of individuals with respect to a mattel that is not related to public business;

(3) consider the acquisition of real properfy for a public purpose and matters direc y ielated thereto;

(4) consider a matter that concems the proposal for a business or indush'ial organization 1o locate, expand, or remain in the State;

(5) consider the investment ofpublic funds;

(6) consider the marketing ofpublic securities;

consult witlr counsel to obtain lesal advicc:

oonsult with staff, ol other individuals about pending or potential litigation;

(9) conduct collectirre bargaining negoriations ol consideL matters thal relale to tlre negotiations;

(i0) discuss public secu;'it1,, if the public body detenaines that public discussion would constitute a risk to the public or to the public security, including;

(t the dep1o1'ment offire and policc ssrviccs and staff; and (ii) the developmeni and implementation of emergency plals;

(11) prepare, administer, or grade a scholastic, licensing, or qualilying examinalion;

12) ( conduct ol discuss an investigative proceeding on actual or possible nrim ina I nnnri"r+.

(13) corrply with a specific constitutional, statutorf, orjudicially imposed requircment that prevents public disclosures about a parlicular proceeding or rnatter; or (14) before a contract is awarded or bids ale opened, discuss a matter directly if related to a ncgotiating strategy or the contents of a bid or proposal, public discussion or disclosure would adverseiy impact the ability of thc public body to parlicipate in the competilive bidding or proposal process.

(3) TOWN BOARD, AGENCY, OR COMMISSION PROPOSING CI,OSED OR

EX,bCI,'I'IVE SESSION:

Q.Iame of Board, Agency, Coinmission, or Committee)

(4) IDENTIFY TOPIC(S) pROPOSED FOR. DTSCUSSTON rN CLOSED SESSION:

(5)

MEMBERS OF BOARD, AGENCY, COMMISSION, OR COMMITTEE

PRESEN]'A'I PUBLIC MEETING A1'WHICH CLOSE]] StsSSION For/Against For/Against 4 ,,tc",.

(6) 'LIME CI,OSED S]:SSION CONVLjNE.D: \)'(rbPU_rlL

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TIME CLOSED SESSION CONCLUDED: -.-'- iil,vr

PIRSONS PRE,S]]NT AT' CLOSED SESSION:

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(8) PLACE CLOSED OR EXECTJTIVE SESSION HEID:

(9)

PURPOSE OF AND TOPICS DISCUSSED AT CLOSED SESSION:

(10)

SUT,,TMARY OF'ACTIONS TAKEN A'I CLOSEI] SESSION, IF ANY:

CERTI}'ICATE OF PRBSIDING OFFICER

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I hereby cetiry that I am the presiding offrcer of (= tlttt nutLyt.n taro o r^.

public board, agency, comrnission, comrnittee, or other public body gf., the Tonm ol u I fuither certifu that by a majority vote on the i f rH aay of aforesaid agency, board, comnittee, or commission voted to hold a closed meeling foi: the purposes, and to discuss the topics, set forth above, and that no other topigs were discussed, and that the foregoirig is a true reoord of the {rlosed meeting descdbed herein. The Clcrk ol Secretary is directed to mainlain this document

as a public record of the Town of Queenstown, and to append the same 1o the minutes of the lext public meeting of the aforesaid agency, board, comnittee, or commission.

rl 1t{31 Date 'i\ tttitrtp Printed Name