Town Commissioners Minutes — 2018-08-22

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QUEENSTOWN COMMISSIONERS

August22, 2018 PRESENT: President Thomas B. Willis, Jr., CommissionerHolger Schuster, Commissioner Alton Hardee, Jr., Town Attorney Brynja Booth, and Amy Moore, Town Manager/Clerk.

EXECUTIVE SESSION CALLED TO ORDER AT 6:18 P.M.

President Willis motioned to enter into Closed Session at 6:18 p.m. for the purpose ofobtaining legal advice from Town Attorney Brynja Booth on contract matters. Motion seconded by CommissionerHardee. Vote: 3-aye, 0-nay President Willis motioned to adjourn the Closed Session at 6:56 p.m. Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay

PUBLIC HEARINGS

- Brynja Booth advised that the Town’s election provisions have not been updated for some time.

In order to make any changes to the Charter, a public hearing needs to be held. The Town found several provisions in need ofupdating or changing, therefore the following resolutions are presented:

President Willis called the public hearing to order at 7:08 p.m. on Resolution 18-103 -

RESQLUTIONNO. 18-103-

A RESOLUTION OF THE COMMISSIONERS OF QUEENSTOWN TO AMEND SECTION

19 OF THE QUEENSTOWN CHARTER TO ADD ANEW SECTION 19-23.1 TITLED

“GENERAL ELECTION WHICH RESULTS IN A TIE AMONG TWO OR MORE

CANDIDATES” TO ESTABLISH PROCESS FOR A RUN-OFF ELECTION IN THE EVENT

OF A TIE BETWEEN TWO CANDIDATES

There being no comments, President Willis motioned to close the hearing. Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay President Willis called the public hearing to order at 7:09 p.m. on Resolution 18-104 -

RESOLUTIONNO. 18-104

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A RESOLUTION OF THE COMMISSIONERS OF QUEENSTOWN TO AMEND SECTION

19 OF THE QUEENSTOWN CHARTER TO ADD A NEW SECTION 19-21.1 TITLED

“ABSENTEE VOTING” TO CLARIFY WHEN QUALIFIED VOTERS MAY VOTE BY

ABSENTEE BALLOT AND TO ADDRESS DELIVERY OF ABSENTEE BALLOTS WHICH

ARE REQUESTED ELECTRONICALLY AND THE RETURN OF ABSENTEE BALLOTS

There being no comments, President Willis motioned to close the hearing: Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay President Willis called the public hearing to order at 7:10 p.m. on Resolution 18-105

RESOLUTIONNO. 18-105

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A RESOLUTION OF THE COMMISSIONERS OF QUEENSTOWN TO AMEND SECTION

19-19 OF THE QUEENSTOWN CHARTER TO ADD A NEW SECTION 19-19.1 TITLED

“WRITE-IN CANDIDATES” TO ADDRESS WRITE-IN CANDIDATES IN TOWN

ELECTIONS)

There being no comments, President Willis motioned to close the hearing. Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay President Willis called the public hearing to order at 7:11 p.m. on Resolution 18-106 -

RESOLUTIONNO. 18-106

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A RESOLUTION OF THE COMMISSIONERS OF QUEENSTOWN TO AMEND SECTION

19-21 OF THE QUEENSTOWN CHARTER TO ADD A NEW SECTION 19-21.2 TITLED

“CANCELLATION OF ELECTION WHERE SEAT IS UNCONTESTED” TO AUTHORIZE

THE QUEENSTOWN CLERK-TREASURER TO CANCEL THE ELECTION WHERE THE

SEAT IS UNCONTESTED

There being no comments, President Willis motioned to close the hearing. Motion seconded by Commissioner Hardee. Vote: 3-aye, 0-nay President Willis called the public hearing to order at 7:12 p.m. on Resolution 18-107 -

RESOLUTIONNO. 18-107

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A RESOLUTION OF THE COMMISSIONERS OF QUEENSTOWN TO AMEND SECTION

19-21 OF THE QUEENSTOWN CHARTER TO INCREASE THE TIME THE VOTING

POLLS ARE OPEN

There being no comments, President Willis motioned to close the hearing. Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay REGULAR MEETING CALLED TO ORDER AT 7:13 P.M.

RESOLUTION NO. 18-102- A RESOLUTION OF THE COMMISSIONERS OF

QUEENSTOWN TO ANNEX CERTAIN LANDS OF SALTHOUSE LIMITED

LIABILITY COMPANY ANT) THE FRANK S. DUDLEY, JR. REAL ESTATE TRUST

DATED NOVEMBER 28, 2000 INTO THE TOWN OF QUEENSTOWN, CONSISTING

OF 200.552 ACRES OF LAND, MORE OR LESS, AND TO PROVIDE FOR THE

TERMS AND CONDITIONS OF THE ANNEXATION (eligible for adoption) Ms. Booth advised that the Resolution was introduced April 25, 2018. Notices were sent to all State and County agencies. Public hearing was hçld two months ago and Commissioners held offa decision until the Annexation Agreement was agreed upon.

President Willis motioned to accept the Annexation Agreement. Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay President Willis motioned to adopt Resolution 18-102. Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay 3

GUESTS:

• SheriffGary Hoffman QAC Sheriffs Dept.

— SheriffHoffman was present to advise ofthe opioid awareness campaign called Queen Anne’s County Goes Purple. It kicks offSeptember land runs the entire month. It is another effort to bring awareness ofthe opioid epidemic in this County and everywhere.

There is literature available, signs; etc. that can be distributed to the public. •Requested Queenstown to participate and support this initiative. The Commissioners were in agreement to support and will do their part in changing lights at the Town Office to purple for the month. We will look into lighting up our water tower as well.

• Robert Rauch, Town Engineer

Mr. Rauch was present to discuss his review and recommendations resulting from the video work on our sewer lines. The video work is complete and specific lines with problems have been identified:

o He advised that we won’t be able to grout the clay pipe that is bad. What is most widely used is set-in-place sleeving.

o PVC pipes with leakyjoints can be grouted o Found clay pipe with extensive number ofproblems in lengths o Broken/leaking laterals will need to be dug up and replaced.

o Found several circumstances where the stainless steel liners installed in the ‘90’s has failed due to root intrusion.

Mr. Rauch advised that he has had conversations with USDA and they indicated this would be a project that they would cover. Per USDA, the project could also include the pump stations. Grant vs. loan ratio is not known at this time. It would require a PERJER Report. MDE is another possible funding source as well. USDA is ready to take applications in October but funds would not be available until the next funding cycle.

The correct way to go aboutthis project would be to write specs, identify priorities, and bid out. Approximately 9500 linear feet has been identified as needed repairs/replacementat an approximate cost of$200,000. He will quanti~’, prioritize and work up estimated cost and present to Commissioners at next meeting.

PUBLIC WORKS

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• Melvin Avenue recommendation received previously from Town Engineer Bob Rauch

— for alleviating stormwater problem from Bank operations centerto Messick Lane. His estimated cost is $28,926. John English recently looked over the site and has proposed making corrections to the problem at a cost of$4275 or less. President Willis motioned to accept the proposal from John English. Motion seconded by Commissioner Schuster.

Vote: 3-aye, 0-nay

• Amy Moore reported that tree roots have spread and are pressing onthe foundation of

Vincent Palmer’s home on Wick Court. The tree itselfis in the Town’s right ofway. In addition to this tree, there are several others in the neighborhood that are compromising driveways and sidewalks and should be removed. Ms. Moore will look at all the trees in QueenstownVillage and prioritize which ones should come down now vs. ones that could be put on a 2-3 year removal plan. She will obtain pricing based on this plan and

possibly get multi-year pricing.

4.

• Amy Moore reported that Steve Robersonverified that the water lines on First Avenue

are in good condition. Following review and discussion, President Willis motioned to have the contractor pave First Avenue, in addition to Second Avenue, Charity Lane, Old WharfLane (from Maryland Ave intersection to the water), and Davidson Avenue previously approved, for the total price of$96,360. Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay PLANMNG Phil Snyder —

• Barry Waterman attended their last meeting and informally indicated that he has run out

ofthe possibility oflarge scale commercial being developed on Wheatlands. He asked if the Town would be willing to discuss other options. The Commissioners would also like to discuss this with Mr. Waterman and will ask him to attend our next meeting.

• Matt Reno attending a public hearing with DNR regarding Wheatland’s non-tidal

wetlands permit. The Riverkeeper stated during the hearing that it was not in compliance with the Town’s plan, however this statement was incorrect. The Planning Commission submitted a written response to DNR informing ofsuch and backing up their statement.

• They received a request to increase the number ofchildren permitted at an in-home

daycare from 4 to 5, and subsequently made a favorable recommendation to the Board of Appeals that this request be approved.

• Letter was sent to the owner ofthe old Getty station regarding the condition ofthe

property and requesting an update on their plans for the use ofthe building.

FINANCE COMMITTEE No updates -

TOWN MANAGERJCLERK-TREASURER

Treasurer’s Report - General Fund checking $174,339.19 - Water/Sewer Fund checking $ 48,603.68 WWTP Project checking $ 13,498.34 Minutes — President Willis motioned to accept the July 25, 2018 regular meeting minutes as written.

Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay President Willis motioned to accept the July 25, 2018 Closed Session meeting minutes as written. Motion seconded by Commissioner Hardee. Vote: 3-aye, 0-nay President Willis motioned to accept the August 14, 2018 Special meeting minutes as written.

Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay President Willis motioned to accept the August 14,2018 Closed Session meeting minutes as written. Motion seconded by Commissioner Hardee. Vote: 3-aye, 0-nay Correspondence None to present — 5

OLD BUSINESS

- President Willis motioned to adopt: RESOLUTIONNO.

18-103 A RESOLUTION OF THE

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COMMISSIONERS OF QUEENSTOWN TO AMEND SECTION 19 OF THE

QUEENSTOWN CHARTER TO ADD A NEW SECTION 19-23.1 TITLED “GENERAL

ELECTION WHICH RESULTS iN A TIE AMONG TWO OR MORE CANDIDATES” TO

ESTABLISH PROCESS FOR A RUN-OFF ELECTION IN THE EVENT OF A TIE

BETWEEN TWO CANDIDATES

Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay President Willis motioned to adopt: RESOLUTIONNO. 18-104

A RESOLUTION OF THE COMMISSIONERS OF QUEENSTOWN TO AMEND SECTION

19 OF THE QUEENSTOWN CHARTER TO ADD A NEW SECTION 19-21.1 TITLED

“ABSENTEE VOTING” TO CLARIFY WHEN QUALIFIED VOTERS MAY VOTE BY

ABSENTEE BALLOT AND TO ADDRESS DELIVERY OF ABSENTEE BALLOTS WHICH

ARE REQUESTED ELECTRONICALLY AND THE RETURN OF ABSENTEE BALLOTS

Motion seconded by Commissioner Hardee. Vote: 3-aye, 0-nay President Willis motioned to adopt: RESOLUTIONNO. 18-105

A RESOLUTION OF THE COMMISSIONERS OF QUEENSTOWN TO AMEND SECTION

19-19 OF THE QUEENSTOWN CHARTER TO ADD A NEW SECTION 19-19.1 TITLED

“WRITE-IN CANDIDATES” TO ADDRESS WRITE-IN CANDIDATES IN TOWN

ELECTIONS)

Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay President Willis motioned to adopt: RESOLUTIONNO. 18-106

A RESOLUTION OF THE COMMISSIONERS OF QUEENSTOWN TO AMEND SECTION

19-21 OF THE QUEENSTOWN CHARTER TO ADD A NEW SECTION 19-21.2 TITLED

“CANCELLATION OF ELECTION WHERE SEAT IS UNCONTESTED” TO AUTHORIZE

THE QUEENSTOWN CLERK-TREASURER TO CANCEL THE ELECTION WHERE THE

SEAT IS UNCONTESTED

Motion seconded by Commissioner Hardee. Vote: 3-aye, 0-nay President Willis motioned to adopt: RESOLUTIONNO. 18-107

A RESOLUTION OF THE COMMISSIONERS OF QUEENSTOWN TO AMEND SECTION

19-21 OF THE QURENSTOWN CHARTER TO INCREASE THE TIME THE VOTING

POLLS ARE OPEN

Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay Ms. Booth advised that the adopted.Resolutions will be posted in the Town Office and will become 45 days from today.

NEW BUSINESS No new business to report — ATTORNEY UPDATES Brynja Booth - 6 No updates at this time PUBLIC COMMENT No public comment - There being no further business at this time, President Willis motioned to adjourn the meeting at 8:42 p.m. Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay RespectfUlly submitted, Amy W. oore Town Manager/Clerk

TOWN OF QUEENSTOWN

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 OREXECUTIVE

SESSION:

(~7~i4k Datc:______________ Time: ~

(2) LEGAL AUTHORITY FOR CLOSING PUBLIC MEETING OR GOING ThTTO

EXECUTIVE SESSION (circle the section ofthe law which authorizes the closed session):

Open Meetings Act, Maryland Code Annotated, General ProvisionsArticle, § 3- 305(b) (2014) (I) discuss:

(i) the appointment, employment, assignment, promotion, discipline,

demotion, compensation, removal, resignation, or performance evaluation ofappointees, employees, or officials overwhom ithas jurisdiction; or (ii) any otherpersonnel matterthat affects I or more specific individuals;

(2) protect the privacy orreputation ofindividuals withrespect to a matter

that is notrelated topublic business;

(3) consider the acquisition ofreal property for apublicpurpose 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 ofpublic funds;

(6) considerthe marketing ofpublic securities;

Closed Session fonn Rev. 1.15 Page 1 (~) consultwith counsel to obtain legal advice;

(8) consult with staff, or other individuals aboutpending or potential

litigation;

(9) conduct collective bargainingnegotiations or considermatters thatrelate

to thenegotiations;

(10) discuss public security, ifthepublic body determines thatpublic

discussionwould constitute arisk to thepublic or to the public security, including;

(i) the deployment offire and police services and staff~ and

(ii) the development and implementation ofemergency plans;

(11) 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, orjudicially imposed

requirement that prevents public disclosures about aparticular proceeding ormatter; or before a contract is awarded or bids are opened, discuss amatter directly related to a negotiating strategy orthe contents ofa bid orproposal, if public discussion or disclosure would adversely impact the ability ofthe public body to participate in the competitive bidding orproposalprocess.

(3) TOWN BOAR]), AGENCY, ORCOMMISSION PROPOSING CLOSED OR

EXECUTIVE SESSION:

6~p~j~w’u (LvWV~~ Q# (Nam≥öf Board, Agency, Commission, or Committee)

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

(wJv~SiuiLu. bi~ aoiov~Led IIVJLLØn UthAIL (~t~M,(O~fLl

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ClosedSession form Rev. 1.15 Page2 -a-

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

PRESENT AT PUBLIC MEETINGAT WHICH CLOSED SESSION

REQUESTED:

Name Vote on Closure r~ (circle conect vote)

JI4ASJLL,

i~~~Against ±~ t~J~Agthnst ~LLA,(nj2)

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~kk l~~)~ainst For/Against For/Against Co~1~H2ttk~

(6) TIME CLOSED SESSION CONVENED:

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TIME CLOSED SESSION CONCLUDED:

(7) PERSONS PRESENT AT CLOSED SESSION:

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iWkW1iIo~ kit~ ~)J~ç~tZ ht W/14 (T6vw~ ~ ~3nkv~ Closed Session fonnRev. 1.15 Page 3

(8) PLACE CLOSED OREXECUTIVE SESSION HELD:

(9) PURPOSE OF A}4D TOPICS DISCUSSED AT CLOSED SESSION:

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(10) SUMMARY OF ACTIONS TAKENAT CLOSED SESSION, IF ANY:

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CERTIFICATE OF PRESIDING OFFICER

at &L4C~utu (I4M !PJt4i/)iAt’V~)~ I hereby certify that I am the presi.Wng officer of public board, agency, commission, committee, or otli~r public body of the Jown of Queenstown, ~aryland. I further certify that by a majority vote on the j 7~Lk~1 day of i_U Vt’i V-\U (1 the aforesaid agency, board, committee, or commission voted to , hold aklosed meetingforthepurposes, 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.SessionformRev. 1.15 Page4 p

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meeting described 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 of the next public meeting ofthe aforesaidagency, board, committee, or commission.

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7 Date Signature — TV~W4O~ iU(~L4J’ PrintedName id4iv~L, Pt~n Title C’osed Session form Rev. 1.15 Page 5