Town Commissioners Minutes — 2021-05-26

QUEENSTOWT\ COMMISSIONERS

May 26,2021 PRESENT: Pres. Tom Willis, Comm. Al Hardee, Comm. Bryon Callahan, Town Manager Amy Willis, Town Clerk Aaron Horney, Town Attorney Lyndsey Ryan

SPECIAL MEETING CALLED TO ORDER AT 4:43 PM

Purpose of the special meeting was to go into closed session to discuss contract/personnel matters and to obtain legal advice from the Town Attorney.

VOTE:

REGULAR MEETING CALLED TO ORDER AT 6:00 PM

Commissioners Callahan and Hardee made brief statements regarding recent enforcement letters addressing boats stored in front yards explaining the enforcement process and addressing recent actions by resideits towards Town staff. Ms. Ryan briefly stated processes required for any text amendments to town ordinances.

GUESTS -

l. Ashley Alton - 128 Olde Point Lane (due to interest in topic, public comment allowed following Ms. Alton's comments) - Ms. Alton commented regarding recent letters sent to her and other residents regarding violation of ordinance prohibiting boats stored in front yards. Has had boat in driveway ior ro-" time, others do as well. Would not be able to afford a boat slip or storage and has no area in side or rear of her property to store boat. Ordinance remaining as is

would result in her having to get rid of boat as no other option for her. Requests amending ordinance to allow storage in drirr"*uyr. Does agree with current prohibition of boat storage on for residents. Also ady for season was stated Queenstown Harbor development does not allow boat storage on properties but allows 2-week period for prepping boats on properties. would consider for town wide application.

Matt Reno - Agrees with reasonable restrictions on boat storage. Understands need for boat storage bY residents as also a boat property values. Boat storage on sidewalks or on street Parking not to acquire a lot for Town use. could be used as boat storage lot.

Ryan Ritter - Letter gave short timefr ne to address violation. When was ordinance last enforced? precedence set with failure to enforce regularly. Should allow storage if not affecting property values and safety. Will Town continue to enforce while process to amend is being considered? Comm. Hardee stated Town will not enforce boat storage in front yards while considering any amendments. Should get idea of how many people in town with boats - possibly

grandfathei current residents in allowiig storage and enforce ordinance on new residents' Comm' Hardee stated grandfathering not an option as codes have to be enforced town-wide' Dave Sutherlind - Storage lot is gobd idea but allowing storage in front yards better. Fees too high for some people. Violation penalties high also. Has stored boat in driveway for many years with no issue from town. Need consistenc-, with enforcement of commercial/trntagged vehicles'

Clean reasonable storage of boats in driveways shouldn't be a concern. Situation wasn't handled well overall. Town should work with residents who are unable to store boats in side/rear yards' Di euynn Reno - Consistency important with appearance and enforcement of ordinances through town. property values important. lncreased storage of boats/RVs in driveways would alter look of town. Agrees with ordinance as is currently'

Brandon Davis - Checked around town- noticed 16 boats in driveways. Compelling number showing need for storage in front. All were in very good condition- well kept. Understands need for certain ordinances but not always cut and dry. Submitted ideas for possible text amendments to address storage concerns. Believes would be helpful to most people. Understands Commissioners in a tough position as no rules can address everyone's concerns and appease all.

Comm. Hardee stated they are working in interest of residents- want to improve to provide more access to residents- understands Queenstown is a boating community. Looking at improving town landing/docks. Possible addition of slips however options to do so are very limited.

Matt Reno - Possibly send mailing to residents to determine number who own boats and sizes to use toward determining need for additional slips and other improvements. Also list would be helpful for quick contact of any slip holders when needed. Comm. Hardee stated reason for fees in place at landing. Need for controlling area. Permits needed to provide for enforcement. Need for fees/permits after restricting use to residents only as previously open to anyone. Ms. Ryan

also stated enforcement of rules including boat condition must be objective vs. subjective. nutes such as registered or not, covered or not, etc.

Brandon Davis - Likes that current limitations of landing control what type of boats can use it.

Upgrades to landing may cause increase of larger boats trying to use ur.u to launch. pres. Willis stated the depth of the water will still control type of boats that could use facility. Comm. Hardee stated enforcement of landing rules will be starting in June. Also mentioned worling with State to illis and Comm. Hardee thanked everyone for as they come to a decision that best serves the will be sent to all who received letters and will

2' 1" Sgt' Troy Lowery - QAc Sheriffs office - Sgt. Lowery gave an overview of calls for April service from in eueensto*n. to"l.rd"a i6 for traffic enforcement. ge of 4 out of every 75 cars e l0 Stat mph or greater. , aints are universal for every to are ilJ_ffif"1"1.::'.Ti:"rltl"Jli; #:rTi'll"#"::

t if tag info is given to him by Ms. Moore to notify of rules at landing.

PIJBLIC WORKS - Amy Moore o Plant operator Greg Smith informed 3 pum issue- 2 pumps locked up with wood boards cleared and now running norrnally. Not sure Cole suspects leftover shoring material fro free and went through system. Greg Smith water to clean out area or rinse himself off. L for future needs. Looking into floating alarm o Concerns expressed by Jim Urquhart on old wharf Lane regarding stormwater drains on his

ces wash out across his driveway and drain dumps out into his yard sand/gravel. Area accepts drainage from area u, iu..rp as SteamLoat drainpipes to redirect flow off the property towards .iprup at end of o Ditch work behind Town office quoted by John English. clearing needed to prevent drainage issues' Property owner near ditch area concerned aboui clearing sevlral feet next to ditch towards their property as they have plantings near area to be clea=red. Mr. English states machine

limitations prevent control of width oiarea be cleared. would not be abG to only cut inner of t./Oct. to allow newly planted area to establish suggests looking into ensuring drainage is properly o funding available to hire consultants?

o Town applied for yearly $30,000 ENR grant from MD-E. Should meet all requirements to receive.

Rauch has received clearance from MDE to proceed with test well for new water tower.

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Met with Rosemarie O'Rourke concerning issue with parking area in front of her house. Work done by Town did not fully address her concerns. Possible solution would be to pave area to and including her sidewalk. Commissioners should view area and determine if proposed solution is necessary.

r Fence by Royal Farms will be installed soon. Area to be marked by utility companies within next few days.

PLAIINING - Matt Reno Mr. Reno was not present at last Planning meeting, therefore has no planning updates.

FINAI\CE COMMITTEE - Amy Moore Have begun working on new budget with Mr. Horney. Should have ready for review in next few weeks.

TOWII CLERI(

TreasurerslF'inance Report General Fund $1 19.485.49 Water/Sewer Fund $83.882.52 Minutes o May 11,2021 -Regularmeeting Correspondence/Requests/Info - Sent and Received Nothing to report.

TOWII MAI\AGER T]PDATES

o Fee agreernent submitted by Vertical Consultants for management of cell company contracts on Town water towers. Vertical Consultants receives portion of all fees collected from call companies for tower leases. Negotiates on Town's behalf for any cell upgrade requests/fee increases. Commissioners agree to forward contract to Finance Committee for review. Comm.

Willis second. VOTE: 3 alte - 0 nav.

o Application was sent to DNR Boat Act Committee to have areas of Queenstown Creek designated 6 knot speed limits and to consider dredging of the channel. Have heard back from Committee representative requesting info on exact areas requesting speed limit. Specific areas mapped out and sent back to Committee for consideration. Public Hearings will be conducted by Committee regarding request. Waiting to hear back regarding dredging request'

o Met with Davey Tree regarding Pin Oaks in the Queenstown Village development. Several trees are showing signs of stress. Currently working on estimate to trim and fertilize trees to address concerns.

OLD BUSINESS

o I&Iproject No updates.

o Water Tower & Lrfrastructure project No updates.

o Wheatland's Project No updates.

o Speeding on Main St Previously discussed by l't Sgt. Lowery.

o Boat ramp improvements Gillespe Precast, who has been contacted to provide quotes/drawings for ramp concrete work, has sent preliminary drawings to QAC Soil Conservation District for review, confirmed scope of work after site visit. Still trying to line up permitting with MDE.

o Town Dock projects o Rauch contracts and Change order Following concerns from last Commissioners meeting, Ms. Ryan confrmed with Rauch that RPR fee quoted was included in overall quoted price for work. Price for work of $27,500 falls under allowable threshold. ContracVchange order for work eligible to be adopted for pier repair work.

review/approval. Comm. Hardee second. VOTE: 3 aye - 0 nay. Commissioners also received owner/engineering agreement/task order for dredging project for construction management/inspection/RPR services for review. Rauch has received interest from 4 contractors regarding dredging project to notifz once project advertised. Has contacted County for Soil Conservation and other required permits for project. Contacted Bakers for

confirmation of current ENS Control Permit as will be the disposal site for spoils for dredging project. Have received spoils acceptance letter and landfill surface mining permit number from Bakers. Has contacted MDE Inspection/Compliance Program concerning additional sedimentation permits. Has frled detailed dredge material disposal plan with them. Awaiting response from their office. Other survey requirements can be completed by Rauch. Will

submit proposal to provide that service. Waiting on permits/QAC Soil Conservation Pennits for pier repair work. Was informed addition of finger piers at end of dock was not possible without act of Congress as would be entering federal channel area.

o Harbormaster

. RESOLUTION - 2I-IO2 _ A RESOLUTION OF THE COMMISSIONERS OF

QUEENSTOWN TO ADOPT A JOB DESCRIPTTON FOR THE POSITION OF

HARBORMASTER AND APPOINT THE POSITION

Matt Reno agreeable to duties of Harbormaster as proposed. Requested some form of identification/business card and Town provided phone for use. Also suggested webpage on Town site for Harbormaster. Have backup plan for when out of town/not available.

nav.

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Appointment of Harbormaster June I. 2021. Comm. Callahan second. VOTE: 3 aye - 0 nay.

o Property Maintenance - o RESOLUTION 2l-103 - A RESOLUTION OF THE TOWN OF QUEENSTOWN TO

DESIGNATE THE CODE OFFICIAL TO TAKE ACTION ON BEHALF OF TI{E TOWN

TO ENFORCE REGULATORY PROVISIONS OF THE QUEENSTOWN TOWN CODE

o Appointment of Code Enforcement Officer Cornm. Hardee second. VOTE 3 aye - 0 nav.

o Water tower maintenance Confirmed Wall St. tower no longer on contract with Suez. Would need new contract for tower maintenance program. Can go with other companies if desired. Discussion of proposals from both Suez and Southern Corrosion for tower maintenance programs. Commissioners will review.

o Trails Master Plan Have not reviewed plan yet. Will defer until next meeting.

o On-call contractor agreement Still attempting to arrange a meeting with Town Plumber Steve Roberson to discuss.

NEW BUSINESS

O

ORDINANCE 2I-02 - AN ORDINANCE OF THE TOWN OF QUEENSTOWN ADOPTING

THE 2O2I EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, AS

AMENDED BY THIS ORDINANCE, AS THE PROPERTY MAINTENANCE CODE OF THE

TOWN OF QUEENSTOWN, AND REPEALING ALL ORDINANCES IN CONFLICT

HEREWITH

o Discuss review and updates to Town Codes and Ordinances Will defer until next meeting to discuss any updates/changes.

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Susquehanna Operational Services - review and renew contract Ms. Ryan stated George Smith agreeable to change to a 3-year contract. Otherwise contract remains the same as previous contract. Pres. Ilillis motion to accept contract. Comm. Callahan second. VOTE: 3 ave - 0 nqt.

o Committee Vacancies - applicant letters Ml Received letter of interest from Erin Hogan for BOA vacancy. Pres. Willis motion to apooint Received letter of interest from Taylor Kelly for Finance Committee vacancy. Pres. Willis motion o Fundraiser for Amy's Army Heather Comegys request to use Town Dock during Perch Pounder Fundraiser. Commissioners agree for a good cause. Agree to allow use. Ms. Comegys will get date of event to Ms. Moore.

ATTORNEY UPDATES - Lyndsey Ryan No updates.

PUBLIC COMMENT

Rebecca Booth - Question about field next to park not being cut regularly. Field is not Town property but will notiff property owner of need to cut grass. Question about Community Garden. If any further interest in a gardln, would be interested in participating. Comm. Hardee suggests informing Town Offrce and putting out notice to see if any interest from other residents. Question about work on Main St. When will

sidewalk in area be rebuilt and open to use? Still conducting investigation of water leak issue. Should be completed soon.

If Ryan Booth - Question about tower leases. If new tower built, could leases be expanded? cell companies agree to move- old tower will remain on Wall St.- may choose to remain at that tower.

second. VOTE: 3 ave - 0 nav.

lly submitted, Town Clerk-Treasurer

TOWII 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.

(1)

DATE AND TIME OF PROPOSED CLOSED MEETING OR EXECUTIVE

SESSION:

qqs rime: - s30

(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:

(D

the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, res i gnation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; or (iD 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.l5 Page I \ consult with counsel to obtain legal advice;

@ (8) consult with staff, or other individuals about pending or potential litigation;

(9) 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;

(11) prepare, administer, or grade a scholastic, licensing, or qualifying examination;

(12) conduct or discuss an investigative proceeding on actual orpossible 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 related to a negotiating strategy or the contents of a bid or proposal, if 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:

(Name of Board, Agency, Commission, or Committee) (4)

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

Closed Session form Rev. I .1 5 Page2

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

PRESENT AT PUBLIC MEETING AT WHICH CLOSED SESSION

REQUESTED:

Name Vote on Closure (circle correct vote) \os.n \N\L\r s @'sainst

A\

Ha vcjran- (fil,gainst gainst For/Against For/Against Hqs

(6) TIME CLOSED SESSION CONVENED:

530

TIME CLOSED SESSION CONCLUDED:

(7) PERSONS PRESENT AT CLOSED SESSION:

ft\ Wy\) n)nn W\\,\\s, F\arde( r CA!\ r^\^.o'.v1, Closed Session form Rev. 1.15 Page 3 (8) (e)

(IO)

SI.JMMARY OF ACTIONS TAKEN AT CLOSED SESSION,IF ANY:

nsn€-

CERTIFICATE OF PRESIDING OTTICER

I hereby certiff that I am the presiding officer of e(:$ }4'\S\\t)ngrl , public board, agency, commission, committee, or other public body of the. fown of Queenstown,_N{aryland. I further certifu that by a majo ,vote on the J\Oq day of OOA\ . the aforesaid agency, board, committee, or commission toted to no other topics were discussed, and that the foregoing is a true record of the closed Closed Session form Rev. 1.15

Page 4 meeting described 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.

Tsu \Ntt'tis PrintedName Pv€.Srdtrl.V Closed Session forrr Rev. l.l5 Page 5