Town Commissioners Minutes — Comm_Minutes_3_22_17

Exactly as extracted, unformatted — for checking against the original. The readable version is easier to read.

QUEENSTOWN COMMISSTONERS
March 22,2017
PRESENT: President Thomas B. Willis, Jr., Commissioner Hogie Schuster, and Commissioner George
L. Plumbo, Jr.
WORK SESSION CALLED TO ORDER AT 6:45 P.M.
Robert Rauch, Town Engineer, was present to give an update on his meeting with Terry Fearins of USDA
regarding funding for a new water tower, well, replacement of lines, etc. Reception from USDA is good.
The interest rate would2.75%. The anticipated amount of the project is approximately $2 million. The
exact numbers or granVloan ratio is not available at this time. Mr. Rauch has provided USDA with a
report he compiled, and Ms. Fearins will review and analyze to see if any grants are available. Ms.
Fearins advised that the turn around on the review would be approximately 45 days.
MEETING CALLED TO ORDER AT 7:00 P.M.
PUBLIC HEARING ON PROPOSED ORDINAI\CE 17-01 - AI\t ORDINAIICE of The Town
Commissioners of Queenstown (the "Town") authorizing the issuance, upon the full faith and credit
of the Town, of a general obligation installment bond in the principal amount not to exceed Three
Hundred Fifty Thousand Dollars ($350,000), under the authority of 19-301, et seq. of the Local
Government Article of the Annotated Code of Maryland (2013 Replacement Volume, as amended)
(the "Enabling Act") and Section 19-46 of the Charter of the Town (the "Charter"), to be
designated "The Town Commissioners of Queenstown General Obligation Bond (Wastewater
Treatment Plant)" (the "Bond"), with such other designation as authorized by the Town; the net
proceeds of the sale of the Bond will be used and applied for the public purpose of linancing and
refinancing the costs of construction of a wastewater treatment plant, together with the acquisition
of all necessary property rights and equipment, together with any related construction,
architectural, financial, fiscalr legal, design, planning and engineering expenses; prescribing the
form and tenor of the Bond and the terms and conditions for the issuance and sale of the Bond;
providing for the levy and collection of any taxes necessary for the prompt payment of the mafuring
principal of and interest on the Bond and that the futt faith and credit and taxing power of the
Town be irrevocably and unconditionally pledged to the payment of the principal and interest on
the Bond.
Comments:
o
Pete Robertson - asked what caused the need for the additional funding? President Willis
informed that the Town initially believed that new maintenance building and paving would be
covered by grant firnding, but in the end were not. Mr. Robertson also inquired as to the debt to
income ratio. That information wasn't readily available, however Brynja Booth, Town Attomey,
informed that the original funding amount was $9,846,459, with 50% being grants. Mr. Robertson
inquired as to the permitted capacity and current flow data. He was informed that the plant is
permitted 200,000 gpd, with the capability to modit/ to 400,000 gpd, and we are currently running
less than 100,000 gpd.
There were no further comments
President Willis motioned to adjourn the hearing at7:09 p.m. Motion seconded by Commissioner
Schuster.

2
OPEN DISCUSSION:
o
Mrs. Rachel Sarracco, Main St., informed the Commissioners that she and her husband were
disappointed that the Town would not agree to move the fence at the wastewater treatment plant,
but they are definitely interested in the park area and planting around the fence. They would like
to work with the town on the planting. Mrs. Sarracco indicated that workers contracted by the
town have been trespassing on their property. There is to be no trespassing on their property at all.
o
Matt Anthony, Aker Road, asked when the speed bumps were going to be put in. Lane Cole
informed him they were scheduled for the next day. Mr. Anthony also inquired when the purchase
of a new truck was approved, and suggested that it had not been done during a public meeting. He
was informed that the old truck was over 14 years old, the transmission had gone up, and it was
going to cost $4,000-5,000 to repair. It was more feasible to purchase a new one, and the
Commissioners voted on this purchase during open session at their meeting on March 8,2017.
PUBLIC WORI(S: Lane Cole
o
Currently the town uses chlorine gas at the Outlets well for treatment of the water. It has been
recommended that the town change over to hypochlorite solution. He suggests the town consider
changing over now instead of waiting to see if could be included in the future well/tower project.
Mr. Cole was instructed to get a price for the changeover.
o
He reported that John English has finally completed the backfill and grading at the plant.
PLA|INING: No updates
FINANCE COMMITTEE: Patricia Bowell
o
Ms. Bowell attended the Council of Governments (COG) meeting for the Tax-Set Offpresentation
by the County. It appears the town should receive at least the same amount as last year.
o
The Bill for restoration of the Highway User Revenue has passed in the legislature. There is a two
year phase in, so we won't see anything until FY2019.
ACTING TOWN MANAGER: Mike Bowell
o
Working on budgetary matters and receiving cooperation from employees and consultants.
o
New water tower project - lot of detail to be put together and reviewed, as we step through the
process he will keep the Commissioners advised. President Willis motioned to authorize Mr.
Robert Rauch to file a Notice of Intent to Apply on the Town's behalf when all the details and
information is gathered. Motion seconded by Commissioner Plumbo. Vote: 3-aye,0-nay
TREASURER'S REPORT:
checking
General Fund $182,148.88
Water/Sewer checking $ 96,586.18
checking $
WWTP Project 3,031.57
MINUTES:
President Willis motioned to adopt the March 8,2017 regular meeting minutes as written. Motion
seconded by Commissioner Schuster. Vote: 2-aye,O-nay Commissioner Plumbo abstained as he was not
present at that meeting.

President Willis motioned to adopt the March 15,2017 Executive Session minutes as written. Motion
seconded by Commissioner Plumbo. Vote: 3-aye, 0-nay
President Willis motioned to adopt the March 15,2017 Work Session minutes as written. Motion
seconded by Commissioner Schuster. Vote: 3-aye,0-nay
President Willis motioned to adopt the March 16,2017 Work Session minutes as written. Motion
seconded by Commissioner Schuster. Vote: 3-aye, 0-nay
CLERK:
o
Clerk informed that the next ESAM dinner/meeting will be held on April 18,2017 at the
Delmarva Shorebirds Game.
o
Clerk informed the Critical Area Commission has approved the map update as submitted. We
need to obtain a hard copy of the updated map for the office.
o
Clerk informed that the State of Maryland will now forgive repayment of the overpayment they
made to the Town for local income tax from previous years.
.
Suggested a work session during the budget process on water disconnections
ACTION ON PROPOSED ORDINAI\ICE 17-01 (Bond Ordinance introduced on March 22,2017
and a public hearing held this date)
o
President Willis motioned to adopt Ordinance 17-01AN ORDINANCE of The Town
Commissioners of Queenstown (the "Town") authorizing the issuance, upon the fuIl faith and
credit of the Town, of a general obligation installment bond in the principal amount not to exceed
Three Hundred Fifty Thousand Dollars ($350,000), under the authority of 19-301, et seq. of the
Local Government Article of the Annotated Code of Maryland (2013 Replacement Volume, as
amended) (the "Enabling Act") and Section 19-46 of the Charter of the Town (the "Charter"), to
be designated "The Town Commissioners of Queenstown General Obligation Bond (Wastewater
Treatment Plant)" (the "Bond"), with such other designation as authorized by the Town; the net
proceeds of the sale of the Bond will be used and applied for the public purpose of financing and
refinancing the costs of construction of a wastewater treatment plant, together with the acquisition
of all necessary property rights and equipment, together with any related construction,
architectural, financial, fiscal, legal, design, planning and engineering expenses; prescribing the
form and tenor of the Bond and the terms and conditions for the issuance and sale of the Bond;
providing for the levy and collection of any taxes necessary for the prompt payment of the
maturing principal of and interest on the Bond and that the full faith and credit and taxing power
of the Town be irrevocably and unconditionally pledged to the payment of the principal and
interest on the Bond. Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay
NEW BUSINESS:
o
Ms. Booth presented draft Ordinance#17-02 AN ORDINANCE OF THE TOWN OF
QUEENSTOWN TO AMEND SECTION 33.C.9 OF THE QUEENSTOWN ZONING
ORDINANCE TO PROVIDE ALTERNATIVE STANDARDS FOR GROWTH ALLOCATION,
WHEN THE PROPERTY RECETVING GROWTH ALLOCATION DOES NOT SATISFY
SUBSECTIONS 33.C. 1. 2. 3 OR 4 to the Commissioners for consideration of introduction.
Ms. Booth advised that the Town has a Critical Area map designating properties as three areas -
IDA, LDA and RCA. As the Town grows and annexes land, it is usually RCA. While the
Planning Commission has been working on the comprehensive plan update, they realized that the
Town will need additional growth allocation, and that the Town will also need the ability to

4
reclassiry RCA lands to IDA in instances where the RCA land is not adjacent to existing IDA
land. Having spoken to the Critical Area Commission about this concern, they are
recommending that the Town adopt some additional language in the Growth Allocation section of
the zoning ordinance to address this issue. They have formulated some language that will allow
the Town to utilize growth allocation to convert RCA to IDA under circumstances where the RCA
land is not adjacent to existing IDA.
President Willis motioned to introduce Ordinance 17-02 as drafted. Motion seconded bv
Commissioner Schuster. Vote: 3-aye,0-nay
A hearing on the proposed ordinance will be held on Wednesday, April 26,2017 at 7:00 p.m.
ATTORNEY UPDATES: Brynja Booth
o
No updates
President Willis announced that the Commissioners held a Closed Session prior to the regular meeting for
the purpose of contract negotiations, as was scheduled.
President Willis motioned to close the regular meeting at7:52 p.m. and enter into Closed Session for the
purpose of obtaining legal advice on two litigation matters. Motion seconded by Commissioner Schuster.
Vote: 3-aye,O-nay
President Willis motioned to close the Executive Session at 8:16 p.m. and reopen the regular meeting.
Motion seconded by Commissioner Plumbo. Vote: 3-aye,O-nay
President Willis motioned to have the Town Attorney begin work on a Petition for Certiorari regarding
the recent Court of Special Appeals opinion reversing the ruling of the Circuit Court for Queen Anne's
County. Motion seconded by Commissioner Plumbo. Vote: 3-aye,0-nay
There being no further business at this time, President Willis motioned to adjoum the meeting at 8:18
p.m. Motion seconded by Commissioner Schuster. 3-aye,O-nay
Respectfully submitted,
Amy W. Moore, 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
permitted under the Maryland Statute summarized below. The public meeting law does
not apply to executive functions, quasi judicial functions, or chance encounters or social
meetings.
(1) DATE AND TIME OF PROPOSED CLOSED MEETING OR EXECUTIVE
SESSION:
. h.r L-
Date: r';ffi|/
(2)
LEGAL AUTHORITY FOR CLOSING PUBLIC MEETING OR GOING INTO
EXECUTIVE SESSION (circle the section of the law which authorizes the closed
session):
Open Meetings Act, Maryland Code Annotated, General Provisions Article, $ 3-
30s(b) (2014)
(1)
discuss:
(i)
the appointment, employment, assignment, promotion, discipline,
demotion, compensation, removal, resignation, or performance
evaluation of appointees, employees, or officials over whom it has
jurisdiction; or
(ii)
any other personnel matter that affects 1 or more specific
individuals:
(2) protect the privacy or reputation of individuals with respect to a matter
that is not related to public business;
(3) consider the acquisition of real property for a public purpose and matters
directly related thereto;
(4) consider a matter that concerns the proposal for a business or industrial
organization to locate, expand, or remain in the State;
(5) consider the investment of public funds;
(6) consider the marketing of public securities;
Closed Session form Rev. l.15
Page I

:\ ( v 7) - consult with counsel to obtain legal advice;
^,j
(8) consult with staff, or other individuals about pending or potential
litigation;
(e) conduct collective bargaining negotiations or consider matters that relate
to the negotiations;
(10) discuss public security, if the 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;
(1 l) prepare, administer, or grade a scholastic, licensing, or qualifying
examination;
(r2) conduct or discuss an investigative proceeding on actual or possible
criminal conduct;
(13) comply with a specific constitutional, statutory, or judicially imposed
requirement that prevents public disclosures about a particular proceeding
or matter; or
before a contract is awarded or bids are opened, discuss a matter directly
if
related to a negotiating strategy or the contents of a bid or proposal,
public discussion or disclosure would adversely impact the ability of the
public body to participate in the competitive bidding or proposal process.
(3)
TOWN BOARD, AGENCY, OR COMMISSION PROPOSING CLOSED OR
EXECUTIVE SESSION:
i',,{rii i'',.nrt,,i,r: i tl)lt r iJ: ),',1 i, l 1,. /'.t ,---,
(Name of Board, Agency, Commission, or Committee)
(4)
TDENTTFY TOprC(S) PROPOSED FOR DTSCUSSTON rN CLOSED SESSION:
,{Lt
,
-.t /'l!
t
Closed Session form Rev. I . l5
Page2

(5)
MEMBERS OF BOARD, AGENCY, COMMISSION, OR COMMITTEE
PRESENT AT PUBLIC MEETING AT WHICH CLOSED SESSION
REQUESTED:
Name Vote on Closure
(circle gxlect vote)
(t f (JU,t
( t, ti | tl',[t QE/Against
lIi# q/i
t\rr vu,cly,
($Aeainst
r
Iltvi/vtr,'(t U,l t lU 0 Against
For/Against
For/Against
(,'0!lttt
(6) TIME CLOSED SESSION CONVENED:
(',
Yl
TIME CLOSED SESSION CONCLUDED:
Ptm
PERSONS PRESENT AT CLOSED SESSION:
Lr,tft!{ilC
lt va'o
Closed Session form Rev. l.l5
Page 3

(8) PLACE CLOSED OR EXECUTIVE SESSION HELD:
nr
/ l-- /
(,1-V I t,1"0 tt tt r",,, IQLM. Lt 1* ( t t,
(e) PURPOSE OF AND TOPICS DISCUSSED AT CLOSED SESSION:
(IO)
SUMMARY OF ACTIONS TAKEN AT CLOSED SESSION, IF ANY:
CERTIFICATE OF PRESIDING OFFICER
I hereby certifu that I am the presiding officer "f 0,Vt\W^Lx(, lJ.l,lt4 (,i (lL4\LLdittlt
public board, agency, commission, commifiee, or other public body of_1hg Jown of
Queenstown, Mar-y land. I further certify that by a majority vote on the | ,L.i'Gl day of
Z,r I , the aforesaid agency, board, ,ot-ittrr, o, commGion voted to
lirtnlr.., ,
hold a closed meeting for the purposes, and to discuss the topics, set forth above, and that
no other topics were discussed, and that the foregoing is a true record of the closed
l
Closed Session form Rev. l5
Page4

meeting described henein. The Clerk is directed to maintain this doctrmt as a prblic
record of the Tonm of Queenstowq and to appqd the samc to thc minutes of the ncxt
public mesting of the aforesaid ag€ncy, boan{ commiuee, or cornmission
SlLLltl
Date
Closcd Scssion form Rov. 1.15
Pagp 5

TOWI\ OF OUEENSTOWII
CLOSED MEETING/EXECUTIVE SESSION RECORD
A public body that meets in closed session may not discuss or act on any matter not
permitted under the Maryland Statute summarized below. The public meeting law does
not apply to executive functions, quasi judicial functions, or chance encounters or social
meetings.
(I)
DATE AND TIME OF PROPOSED CLOSED MEETING OR EXECUTIVE
SESSION:
ll'-ll
Date: tl /
'' I
(2)
LEGAL AUTHORITY FOR CLOSING PUBLIC MEETING OR GOING INTO
EXECUTIVE SESSION (circle the section of the law which authorizes the closed
session):
Open Meetings Act, Maryland Code Annotated, General Provisions Article, 3-
$
30s(b) (2014)
(1)
discuss:
(i)
theappointment,employment,assignment,promotion,discipline,
demotion, compensation, removal, resignation, or performance
evaluation of appointees, employees, or officials over whom it has
jurisdiction; or
(ii)
any other personnel matter that affects I or more specific
individuals;
(2)
protect the privacy or reputation of individuals with respect to a maffer
that is not related to public business;
(3)
consider the acquisition of real property for a public purpose and matters
directly related thereto;
(4)
consider a matter that concerns the proposal for a business or industrial
organization to locate, expand, or remain in the State;
(5)
consider the investment of public funds;
(6)
consider the marketing of public securities;
Closed Session form Rev. L l5
Page I

/a
)c{ consult with counsel to obtain legal advice;
/ral) cqnsult with staff, or other individuals about pending or potential
\-- / litigation;
(e) conduct collective bargaining negotiations or consider matters that relate
to the negotiations;
(10)
discuss public security, if the 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
(ii)
the development and implementation of emergency plans;
l)
(l prepare, administer, or grade a scholastic, licensing, or quali$ing
examination;
(12)
conduct or discuss an investigative proceeding on actual or possible
criminal conduct;
(13)
comply with a specific constitutional, statutory, or judicially imposed
requirement that prevents public disclosures about a particular proceeding
or matter; or
(14)
before a contract is awarded or bids are opened, discuss a matter directly
if
related to a negotiating strategy or the contents of a bid or proposal,
public discussion or disclosure would adversely impact the ability of the
public body to participate in the competitive bidding or proposal process.
(3)
TOWN BOARD, AGENCY, OR COMMISSION PROPOSING CLOSED OR
EXECUTIVE SESSION:
4-\
U / lt { J r r,, ,, | - J|/t,/,)t\ l-UU,, {) tt ,t t l_
(Name of Board, Agency, Commission, or Committee)
(4)
TDENTTFY TOPrC(S) PROPOSED FOR DTSCUSSTON rN CLOSED SESSTON:
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i. L t': f{. ,.r.,f ^!
Closed Session form Rev. l.15
Page2

(5)
MEMBERS OF BOARD, AGENCY, COMMISSION, OR COMMITTEE
PRESENT AT PUBLIC MEETING AT WHICH CLOSED SESSION
REQUESTED:
Name Vote on Closure
(circle cgrqect vote)
Trlwr, LUiLU-a t{g/Asainst
hlit, V lt i'
V tnn\q
ju'u,
lloqv-
Fu-
fiagainst
For/Against
For/Against
'A1 ' --''tAflW.-
: 5
(6) TIME CLOSED SESSION CONVENED:
'lU
ft',
ll
TIME CLOSED SESSION CONCLUDED: 8,
(7) PERSONS PRESENT AT CLOSED SESSION:
trhtlLrt
\ r t LLt"n
Closed Session form Rev. l.l5
Page 3

(8) PLACE CLOSED OR EXECUTIVE SESSION HELD:
u
t
ii/t-tt,r m. J{ tt tJ,,L 1t ;+ Lt 8t1 ,
(e) PURPOSE OF AND TOPICS DISCUSSED AT CLOSED SESSION:
Ltl.l t L, i ,.n l-l
f,t{'ffIt
(IO)
SUMMARY OF ACTIONS TAKEN AT CLOSED SESSION, IF ANY:
CERTIFICATE OF PRESIDING OFI'ICER
./^ /-
I hereby certi$, that I am the presiding offrcer of U),,tt,'rllttrrllt't,44il? Ut Q - Ll,tSl|rl'1-tt
public board, agency, commission, committee, or other public body o-fj|" Town of
Queenstown, Maryland. I further certify that by a majority vote on th" LJ l'^e day of
, the aforesaid agency, board, committee, or commission voted to
ffig
for the p*rrpor"r, and to discuss the topics, set forth above, and that
no other topics were discussed, and that the foregoing is a true record of the closed
Closed Session form Rev. l.15
Page4

meeting described henein. The Clerk is directed to maintain this document as a public
record of the Town of Queenstovnr" and to append the same to the minuts of the next
public meting ofthe aforcsaid agasy, board" committee, or commission.
b fv
1\Aoy.,Au ,U,,LLUL,I.
,
Print€dName
(vuuteftl
Closcd Sossion form Rev. l.15
Page 5