Town Commissioners Minutes — 2018-01-24

QUEENSTOWN COMMISSIONERS

January 24,2018 PRESENT: President Thomas B. Willis, Jr., Commissioner Hardee. and Town Attorney Brynja Booth. Commissioner Holger Schuster was not present as was out oftown on business.

MEETING CALLED TO ORDER AT 7:03 P.M.

GUESTS:

lsr Sgt. Meyers - QAC Sheriff s Dept .

Reported that the department recently conducted 13 radar details on Del Rhodes Ave. and 6 on Main St. Will continue to be a presence in town.

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When asked about enforcing parking violations, Sg1. Meyers advised that the department hadjust completed training in issuing electronic parking tickets. We advised him ofour problem areas - Steamboat Ave., Old Wharf Lane, and Melvin Ave.

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He advised that we will see some new faces, as there have been a lot of deputies just completing the police academy.

o He u'as informed that therc is still an issue at Royal Farms with truck parking. He advised that they are unable to enforce the no idling and parking issues there unless Royal Farms calls and files a complaint.

PUBLIC WORI(S - Chris Ritch .

Been working with Tidewater on a few issues around the plant. Micro-seed pump has not been working properly.

o Commissioner Hardee suggested the Town hold an Open House of the new plan sometime in the spring and give tours for anyone interested.

PLANNING -

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Amy Moore advised that the Planning Commission held interviews with three applicants on January 9. 2018 and have made their recommendations to the Commissioners. The Commissioners will discuss later in the evening during Closed Session.

FINANCE COMMITTEE _

No updates

TOWN MANAGER/CLERK-TREASURER

Minutes - President Willis motioned to accept the October 18, 2018 minutes as written. Commissioner Schuster reviewed and gave approval prior to leaving town. Minutes will officially be adopted when Commissioner Schuster retums.

President Willis motioned to accept the October 25,2017 minutes as written. Commissioner Schuster reviewed and gave approval prior to leaving town. Minutes will officially be adopted when Commissioner Schuster retums.

President Willis motioned to accept the November 15,2017 minutes with corrections. Motion seconded by Commissioner Hardee. Vote: 2-aye, 0-nay President Willis motioned to accept the December 20, 2017 Closed Session minutes as written.

Motion seconded by Commissioner Hardee. Vote: 2-aye, 0-nay President Willis motioned to accept the December 20,2017 minutes with conections. Motion seconded by Commissioner Hardee. Vote: 2-aye, 0-nay Treasurer's Report - checking General Fund $223,707 .39 Water/SewerFundchecking $231,794.32 WWTP Project checking $ 13,498.34 Correspondence/Other - o Made some property maintenance and zoning violation inspections w'ith Mike Bowell.

Code Enforcement Officer. Some letters have gone out. Will do follow up inspections and those not rectified will get letters.

o Working with Doug Connell from Miller Environmental to finalize some of the final reports that need to be filed.

o Shuf off water to two properties in early January. One was tumed back on that day after payment was made.

o There has been confusion with some residents as to when the delinquent amount is due vs. the current bills. Office would like to make it so the delinquent amount is due at the same time the new bill is due. We would include delinquenVshut off notice with the new billing. Amounts on notice would match amounts on bills and should be easier to understand. This would only allow about 6 additional days onto the time frame to pay

prior to shut off. This would save additional staff time and postage. Have run the change to the time schedule by town attomey and she advised as it meets state statutes and because we are adding several days, not taking away, for payment, there is no need to change our ordinance. Commissioners were in agreement with the change in billing.

o County tax set offmeeting with County Commissioners is March 27,2018.

o MML summer conference is June l0-13.

NEW BUSINESS:

No new business to report ATTORNEY UPDATES - Brynja Booth o Has legal advice on a contract matter that will be discussed in closed session later in the meetlng.

PUBLIC COMMENT

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Di Quynn-Reno - thanked Ms. Booth for her response to questions Ms. Quynn-Reno posed to the Commissioners at the previous meeting regarding the process ofre-titling the Town Clerk position to Town Manager/Clerk-Treasurer. She stated that usually the job description comes before the hiring, and was wondering when the description would be adopted. Ms. Booth advised that Perry Stutrnan, at the request ofthe Commissioners,

drafted a new employee maaual and worked on revising the job descriptions while Mike Bowell was the Acting Town Manager. This was all in anticipation of restructuring the Town OfIice, which has been in the works for over a year. The manual and descriptions are approximately 9070 complete, with some tweaking required and final review needed.

Ms. Quynn-Reno advised that her expectation of a Town Manager would be taking on a leadership role and be an advocate for this great little town. She would like to see that requirement be in the description, if it isn't. Ms. Booth informed her she believes it is, but that is something that would be looked at.

President Willis motioned to close the regular meeting aI7:51 p.m. to enter into Closed Session for the purpose ofobtaining legal advice from Counsel on two contract matters and personnel appointments. Motion seconded by Commissioner Hardee.

President Willis motioned to adjoum the Closed Session and reconvene into regular session at 8:1 1 p.m. Motion seconded by Commissioner Hardee.

President Willis motioned to appoint Perry Stutman and Loretta Hohmann to the Queenstown Planning Commission to fill out terms of prior members. Motion seconded by Commissioner Hardee. Vote: 2-aye, }-nay Ms. Booth gave an update of the membrane warranty agreement. The membranes at the wastewater plant were damaged in January 2017. While it wasn't clear as to who damaged them, it appears that Miller Environmental likely significantly caused the issue. The cost ofthe

membranes is $ 160,000 and they have a 10 year life span. The manufacturer, Ovivo, has been very responsive to this issue. The Commissioners authorized the negotiation of the membrane warranty agreement in December. The warranty is effective retroactive to January 2017. Ifstop working with the first 5 years, the membranes would be replaced at no cost to the town, except installation. Between years 5-10, they would be replaced at the cost of $60,000, with the town

paying for installation. The Town authorized payment to the contractor, less retainage, at the last meeting.

President Willis motioned to ratifr the adoption of the Membrane Warranty Agreement. Motion seconded by Commissioner Hardee. Vote: 2-aye,}-nay Ms. Moore reported that Bob Rauch, Town Engineer, submitted the USDA application for new water tower and infrastructure. He has submitted invoices totaling $33,000 to date, for work on the applications and the water study required by USDA. These invoices were originally intended

to be paid once financing was secured and accepted by the Town. The Commissioners are in agreement that Mr. Rauch should be compensated for work done thus far on the project. Ms.

Booth recommends the Town pay one half now and balance at receipt of funding. She recommends that Mr. Rauch amend his contract to reflect this. President Willis motioned to pay Mr. Rauch $16,500 upon receipt ofthe amendment to the t€rms of the agreement Motion seconded by Commissioner Hardee.

There being no further business at this time, President Willis motioned to adjoum the meeting at 8:24 p.m. Motion seconded by Commissioner Hardee. Vote: 2-aye, 0-nay

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Respectfully subnitted, Town Clerk

TOWN OF OUEENSTOWN

CLOSED MEETING/EXECUTIVE SESSION RECORD

A public body that meets in closed session may not discuss or act on any matter not pemrifted under the Maryland Statute summalized below. The public meeting law does not apply to executive functions, quasi judicial functions, or chance encountels or social meetinss.

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DATE AND TIME OF PROPOSED CLOSED MEETING OR EXECUTIVE

SESSION:

t l-. , 't i Time; \ L, i,.

uate:

(2) LBGAL AUTHORITY FOR CLOSING PUBLIC MEETING OR GOING INI'O

EXECUTTVE SESSION (circle the section of the law which authorizes the closed session):

Open Meetings Act, Maryland Code Annotated. State Govemment Article, $10- 508(a),2004 Repl. Vol.

(1) discuss:

(i) , the appointment, ernploynent, assigrunent, promotion, discipline, demotion, compensation, removal, resignation, or perfolmance evaluation ofappointees, ernployees, or officials over whom it lias jurisdiction; or any other persomel mattel that affects I or mole specific individuals;

(2) protect the privacy or reputation ofindividuals with respect to a matler

that is not related to public business;

(3) consider the acquisition ofreal properly for a public purpose and matters

directly related thereto;

(4) consider a matter that concems the proposal for a business or industrial

orgarrization to locate, expand, or rcmain in the State;

(s) consider the investment ofpublic funds;

(6) consider the marketing ofpublic securities;

I (7) I consult with counsel 10 obtain legal advice;

(8) :

,: consult vr.ith staff, or other individuals about pending or potential '.,.,....- litigation;

(9) conduct collective bargaining negotiations or consider matters that relate ro rne negouauons;

(10) discuss public security, ifthe public body determines that public discussion would constitute a risk to the public or to the public security, including;

(i) the deployment of fire and police services and staff; and (iD the development and implementation of emergency plans;

(11) prepare, administer, or grade a scholasdc, iicensing, or qualifying examination;

(12) conduct or discuss an investigative proceeding on actual or possible criminal conduct;

(13) comply nith a specific constitutional, statutory, orjudicially imposed requilement that prevents public disclosures about a particular proceeding or matterl or (14) belbre a contract is awarded ol bids are opened, discuss a matter directly if relaled to a negotiating strategy or the contents of a bid or proposal, public discussion or disclosure would adversely impact the ability ofthe public body to participate in the competitive bidding or proposal process.

(3)

TOWN BOARD, AGENCY, OR COMMTSSTON PROPOSING CLOSED OR

EXECUTIVE SESSION:

Q.,lame of Board, Agenc1,, Commission. or"'Comrnilree)

A\ IDENTIFY TOPIC(S) PROPOSED FOR DISCUSSION IN CLOSED SESSION:

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(5) MEMBERS OF BOARD, AGENCY, COMMISSION, OR COMMITTEE

PRESENT AT PUBLIC MEETING AT WHICH CLOSED SESSION

REQUESTED:

Name Vote on Closure ....,,..:. ,ir: , i. t r .. , . ' - : : (citcle gorrect vote) ii.'.,:,r:, -: i ,.}r__lASainst :

i: i .' t -- For/Against For/Against 'i For/Against !

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(6) TIME CLOSED SESSION CONVENED: i,i1r-

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TIME CLOSED SESSION CONCLUDED:

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(7) PERSONS PRESENT AT CLOSED SESSION:

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(8) PLACE CLOSED OR EXECUTIVE SESSION HELD:

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(e) PURPOSE OF AND TOPICS DISCUSSED AT CLOSED SESSION:

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SUMMARY OF ACTIONS TAK-EN AT CLOSED SESSION, IF ANY:

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CERTIFICATE OF PRESIDING OFFICER

i'..;,'. . ." I r'' : , ' . ' ") i ',.,','.t, I lrereby cerlify that I arn the presiding officer of ' pubtic board, agency, commission, committee, or other puhlic body ' o /- f 'I tb e Toun of . Queenstown, Mqyland. I further certify that by a majority vote on the '' - day of -..111.1,'i.{.1,;i I.1., i i-.' , the aforesaid agency, board, committee, or commission voted to t hold a (losed rneeting fot the purposes, and to discuss the topics, set forlh above, and that

no other topics were discussed, and that the folegoing is a true record of the closed meeting descdbed herein. The Clerk or Secretary is directed to maintain this document as a public record of the Town of Queenstown, and to append the same to the minutes of the next public meeting of the aforesaid agency, board, committee, or commission.

Date ) Plinted Name Title