Town Commissioners Minutes — Comm_Minutes_3_22_17

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;

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(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

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MEMBERS OF BOARD, AGENCY, COMMISSION, OR COMMITTEE

PRESENT AT PUBLIC MEETING AT WHICH CLOSED SESSION

REQUESTED:

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

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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

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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:

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MEMBERS OF BOARD, AGENCY, COMMISSION, OR COMMITTEE

PRESENT AT PUBLIC MEETING AT WHICH CLOSED SESSION

REQUESTED:

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TIME CLOSED SESSION CONCLUDED: 8,

(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 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.

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