Town Commissioners Minutes — 2017-10-25

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:

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6 it 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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(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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(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

6i~4 L4~~ct~L~i4 ~ I hereby certify that I am the presiding officer of public board, agency, commission, committee, or oilier public body gf Town of ~ Queenstgwp~ Maryland. I farther ceiti~’ that by a majority vote on the L’1\ Dt day of /

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1 the aforesaid agency, board, committee, or commission voted •to , 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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