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Town Commissioners Minutes — 2017-10-25

Minutes October 25, 2017 · 10 page(s)

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The October 25, 2017 Queenstown Commissioners meeting opened with a closed session for a personnel matter and legal advice, then held a public hearing on two proposed ordinances: Ordinance 17-05 (Residential Rental Housing License and Inspection, Chapter 7) and Ordinance 17-07 (Short Term Rentals, Chapter 27). Members of the public raised questions about per-unit inspections, insurance requirements, taxes/water/sewer status, and definitions; Town Attorney Brynja Booth clarified key points (17-05 covers all rental units, is not complaint-based, defines “unit” as each separate unit, and has a single administrative fee with a MDIA inspection pass-through; 17-07 would regulate short-term rentals and the Commissioners may decide whether to require liability insurance in one or both ordinances). The Commission left the public record open for written comment until November 10 and later changed regular meeting dates to November 15 and December 20. In regular business the Commissioners accepted Public Works updates (possible hydrant issue; a decant valve for the sludge holding tank quoted at $5,688.79 pending warranty/engineer review), approved retitling Town Clerk to Town Manager/Town Clerk and appointed Amy Moore to that position (Willis recused from the appointment vote), received the Treasurer’s balances for General, Water/Sewer, and WWTP project accounts, and heard public comments about replacing a removed trash can on Aker Road and parking congestion on Second Avenue near Steamboat Avenue.

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QUEENSTOWN COMMISSIONERS
October 25, 2017
PRESENT: President Thomas B. Willis, Jr., CommissionerHolger Schuster, Commissioner
George Plumbo, Acting Town Manager Mike Bowell, and Town Attorney Brynja Booth
President Willis called the meeting to order at 6:12p.m. and motioned to enter into a Closed
Session forthe purpose ofdiscussing a personnel matter and obtaining legal advice from the
Town Attorney. Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay
President Willis motioned to adjourn the Closed Session at 6:37 p.m. Motion seconded by
Commissioner Plumbo. Vote: 3-aye, 0-nay
PUBLIC HEARING CALLED TO ORDER AT 7:00 P.M.
Proposed Ordinance 17-05 An Ordinance ofthe Commissioners of Queenstown to amend
—
the Qneenstown Town Code to add Chapter 7 titled “Residential Rental Housing License
and Inspection” to establish a licensing and inspection program for residential rental
dwelling units within the Town ofQueenstown.
Proposed Ordinance 17-07 An Ordinance ofthe Commissioners ofQueenstown 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.
Ordinance 17-05
-
Perry Stutman, Second Ave personally opposed to 17-05. He is perplexed as to how it came
—
about. Feels it is really nothing more than a rehash ofthe neighborhood maintenance ordinance
(Property Maintenance Code). Ordinance doesn’t address nefarious actions ofrenters and
wonders why the ordinance is being contemplated.
Richard Potter, owner oftwo properties in town lived in County all his live and owns two
—
rental properties in Town. Not sure what the ordinance is for. He has never had any problems
with tenants and would like to know iftown has experienced problems with his tenants.
Stefanie Takacs, Maryland Ave. —asked ifthe town has a sense ofnumber ofrentals in Town
and is there any thought ofkeeping a percentage ofnon-rental properties vs. rental properties.
Pat Bowell, Second Ave. in review ofrentals, there are many multi-unit buildings. Each unit
—
would get inspected, per the ordinance. Does it require an inspection after each tenant?
Ordinance 17-07 requires taxes be paid and water/sewer kept current. Not specified in this
ordinance. Feels some definitions could be tightened up.

There being no further comments on proposed Ordinance 17-05, President Willis motioned to
close portion ofhearing and proceed to Ordinance 17-07. Motion seconded by Commissioner
Plumbo. Vote: 3-aye, 0-nay
Ordinance 17-07
Perry Stutman, Second Ave. where and why is $500,000 liability insurance required?
—
Pat Bowell, Second Ave. Definitions, Page 4, C., Town may deny... mentions town police
—
(this was a typo as drafted from anotherjurisdiction). There is also a requirement ofliability
insurance on one Ordinance but not the other. The risk is identical.
President Willis motioned to close the hearing on Ordinance 17-07. Motion seconded by
Commissioner Plumbo. Vote: 3-aye, 0-nay
Ms. Booth clarified some concerns with the Ordinances:
Ordinance 17-05
—
• Draft has been around for about 1 V2 years
• Covers all rental properties, including those converted to multi-family
• Not complaint based
• Way for town to make sure properly metered and property up to code
• Town can revoke license ifnot in compliance and they would not be able to rent property
• As for defmitions Unit means each separate unit notjust the building. One small
— —
administrative fee and pass through inspection fee from MDIA.
• Simple ordinance that has been found to work in otherjurisdictions
• No reinspectionrequired when a tenant leaves
Ordinance 17-07
—
• More people renting homes out for profit this is an area that should be regulated
—
• By requiring a license, town can pull ifproblem with property and renters
• Town can get rid ofinsurance requirement in both ordinances or require in both up to
—
the Commissioners
• Town can require that water, sewer and taxes are current
• Once adopted, Town would give time for property owners to bring up to code
Commissioners will hold the record open forwritten comment until November Next
10th
Commissioners meeting will be November due to Thanksgiving holiday.
15th
REGULAR MEETING CALLED TO ORDER
PUBLIC WORKS Lane Cole
-
• Thought there was a water leak at Maryland & Steamboat Avenues appears fire hydrant
—
was not shut all the way off
• Lower decant valve bad for the sludge holding tank price to replace is $5,688.79.
— —
Need to find out ifwarranted. Mr. Cole to check with 0MB Engineers.

PLANNING No one present
—
• Clerk advised that Planning Commission will hold a public hearing on the draft
Comprehensive Plan onNovember Vt at 7:00 p.m.
FINANCE COMMITTEE Pat Bowell
-
• Working on a survey/report for MML.
• Tower Consultant working on negotiations with T-Mobile regarding additional
equipment they wish to install.
ACTING TOWN MANAGER Mike Bowell
-
• In summary, advised that his position as Acting Town Manager has come to an end.
Believes it is time to move ahead with permanent management.
• Recommends the Commissioners promote Town Clerk Amy Moore to a retitled position
of Town Manager/Town Clerk moving forward.
• He’s aware ofqualifications ofother Town Managers and believes Ms. Moore’s 30 years
ofexperience with the Town more than qualifies her for the new position. He also
believes it would be a tragedy forthe Townto lose her experience and knowledge.
• Mr. Bowell advised he has the frameworks done, as he was instructed to compile when
appointed, and believes now is the time to start transition.
• Increase in salary to take place January 1,2018, which will be determined at a later date.
President Willis motioned to retitle the position ofTown Clerk to Town Manager/Town
Clerk. Motion seconded by Commissioner Plumbo. Vote: 3-aye, 0-nay
Commissioner Schuster motioned to appoint Amy Moore to the retitled position Town
Manager/Town Clerk effective this date. Motion seconded by Commissioner Plumbo. Vote:
2-aye, 0-nay. President Willis recused himselffrom the vote.
Mr. Bowell advised he would be happy to assist Ms. Moore during this transition.
TOWN CLERK
Treasurer’s Report
-
General Fund checking $289,760.03
Water/Sewer Fund checking $154,108.52
WWTP Project checking $277,433.58
Correspondence/Other
—
• Due to upcoming holidays, regular meeting dates conflict. Commissioners changed the
meeting dates to: November and December
15th 20th
• Christmas Open House to be held on December ~ location to be determined
— —
• Yard Sale Cost/Breakdown:
18 spaces @ $10 ea $180.00
Donations $110.00
Total Revenue $290.00

Advertising costs $74.03
Total Expenses $74.03
Total donation to QVFD $215.97
Pat and Mike Bowell donated their proceeds from the yard sale, in the amount of$159, to the
QVFD as well.
Minutes
—
President Willis motioned to accept the September 27, 2017 minutes as written. Motion
seconded by Commissioner Schuster. Vote: 3-aye, 0-nay
ATTOR1NEY UPDATES Brynja Booth
-
• Critical Area Commissionto consider Growth Allocation request on November
1St
• Court ofAppeals argument went very well waiting on response
—
PUBLIC COMMENT
• Joe Kelkowski, Aker Rd. Town removed atrash can from Aker Rd. that had been there
—
for years. He was told it was due to the property owner on the corner complained that
birds were getting into it and making a mess on his property. Would like to see it
replaced, as people are throwing trash onthe ground. Lane Cole advised that Mr.
Kelkowski was correct, and a new can with a lid will be put there next day.
• Loretta Hohmann, Steamboat Ave. Thanked Lane Cole for having the white lines put
—
down at stop signs. Also thanked Mike Bowell for volunteering as Town Manager.
• President Willis also wanted to thank Mike Bowell for serving as Acting Town Manager
for almost one year on a volunteer basis.
• Perry Stutman, Second Ave. people parking on Second Ave at corner ofSteamboat Ave
—
along the wooden fence. Makes it hard to get by. Suggest that area be designated no
parking. Town will look into it.
• Lori Sharer, First Ave. thanked the Town Commissioners for letting the group use the
—
Town Office for wreath making. They had a great turn out and everyone had a great
time.
There being no further business at this time, President Willis motioned to adjourn the meeting at
7:59 p.m. Motion seconded by CommissionerPlumbo. Vote: 3-aye, 0-nay
Respectfully submitted,
Moore
Town Clerk

TOWN OF QUEENSTOWN
CLOSED MEETING/EXECUTIVE SESSIONRECOil)
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 flmctions, quasijudicial functions, or chance encounters or social
meetings.
(1) DATE AND TIME OF PROPOSED CLOSED MEETING OR EXECUTIVE
SESSION:
9*\.
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Date: ~ 10/?!! 1! Time:
(2) LEGAL AUTHORITY FOR CLOSING PUBLIC MEETING OR GOING INTO
EXECUTIVE SESSION (cirde the section ofthe law which authorizes the closed
session):
Open Meetings Act, Maryland Code Annotated, General Provisions Article, § 3
305(b) (2014)
(1) discuss:
)
((i) the appdintment, employment, assignment, promotion, discipline,
demotion, compensation, removal, resignation, or performance
~—‘
evaluation ofappointees, employees, or officials over whom it has
jurisdiction; or
~i) any other personnel matterthat affects 1 or more specific
individuals;
(2) protect the privacy or reputation ofindividuals with respect to amatter
that is notrelated to public business;
(3) consider the acquisition ofreal property for apublic purpose and matters
directly related thereto;
(4) consider amatter that concerns the proposal for a business or industral
organization to locate, expand, or remain in the State;
(5) consider the investment ofpublic funds;
(6) considerthe marketing ofpublic securities;
Closed Session form Rev. 1.15
Page 1

(7) consult with counsel to obtain legal advice;
(8) consultwith staff, or other individual.s aboutpending or potential
litigation;
(9) conduct collective bargaining negotiations or consider matters that relate
to the negotiations;
(10) discuss public security, ifthe public body determines thatpublic
discussionwould constitute a risk to the public or to the public security,
including;
(i) the deployment offire andpolice services and staff; and
(ii) the development and implementation ofemergency plans;
(11) prepare, administer, or grade a scholastic, licensing, or qualifying
examination;
(12) conduct or discuss an investigative prodeeding on actual orpossible
criminal conduct;
(13) comply with a specific constitutional, statutory, orjudicially imposed
requirement thatprevents public disclosures about a particular proceeding
or matter; or
(14) before a contract is awarded or bids are opened, discuss a matter directly
related toa negotiating strategy or the contents ofa bid or proposal, if
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 COMMISSION PROPOSING CLOSED OR
EXECUTIVE SESSION:
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(Nam~ ofBoard, Agency, Coimnission, or Committee)
(4) IDENTIFY TOPIC(S) PROPOSED FOR DISCUSSION IN CLOSED SESSION:
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(5) MEMBERS OF BOARD, AGENCY, COMMISSION, OR COMMITTEE
PRESENTAT PUBLIC MEETING AT WHICH CLOSED SESSION
REQUESTED:
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(circle qpn:~ct vote)
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(6) TIME CLOSED SESSION CONVENED: U! TI ~)1k
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TIME CLOSED SESSION CONCLUDED:
(7) PERSONS PRESENTAT CLOSED SESSION:
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(8) PLACE CLOSED OR EXECUTIVE SESSION HELD
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(9) PURPOSE OF AED TOPICS DISCUSSED AT CLOSED SESSION:
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(10) SUMMARY OF ACTIONS TAKEN AT CLOSED SESSION, IF ANY:
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CERTIFICATE OF PRESIDING OFFICER
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I hereby certify that I am the presiding officer of
public board, agency, commission, committee, or oilier public body gf Town of
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Queenstgwp~ Maryland. I farther ceiti~’ that by a majority vote on the L’1\ Dt day of
/
OC~U~ M, /1)!
1 the aforesaid agency, board, committee, or commission voted •to
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hold a closed meeting for the purposes, and to discuss the topics, setforth above, and that
no other topics were discussed, and that the foregoing is a true record of the closed
ClosedSession formRev. 1. 5
Page4

meeting descnbed herein. The Clerk is directed to maintain this document as a public
record of the Town of Queenstown, and to append the same to the minutes ofthe next
public meeting ofthe aforesaid agency, board, committee, or commission.
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Date ~gnature
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PrintedName
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Closed SessionformRev. 1.15
Page 5
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