1  QUEENSTOWN COMMISSIONERS  January 23, 2019  PRESENT: President Thomas B. Willis, Jr., Commissioner Al Hardee, Commissioner Holger Schuster, Town Attorney Brynja Booth and Lyndsey Ryan, and Amy Moore, Town Manager/Clerk. .  REGULAR MEETING CALLED TO ORDER AT 7:00 P.M.  PUBLIC HEARING-  Proposed Ordinance 18-05 AN ORDINANCE OF' THE TOWN OF QUEENSTOWNTO REPEAL IN THE. ENTIRETY AND REENACTTHE QUEENSTOWN ZONING MAP Town Attorney Brynja Booth gave an overview oft the Ordinance. Advised it had been advertised in Changes to the zoning map proposed by the Queenstown Planning Commission are as follows: Wheatland's property included to change boundary as was annexed, and to give aj pending zoning that will become effective when the 5 year rule is up lateri in 2019. Kevin Dey property change from Residential to Commercial. Iti is noted that the property had Queenstown Harbor GolfCourse- - change some Queenstown Countryside to Queenstown Resort. Ms. Booth advised that growth allocation and Critical Area approval would still be  the newspaper, online and in the town newsletter.  been zoned Commercial at one time.  required. Public comments:  Don Regenhardt read a statement of comments (a copy of which is attached and deemed a permanent part of these minutes). Mr. Regenhardt expressed concern and opposition of rezoning the Golfo Course to QRD. He also stated his written comments reflect opposition to adopting changes in the Zoning Ordinance; however he was unaware that the adoption oft that George Plumbo stated the: zoning proposed at the GolfCourse clearly works against all negotiations with the golfcourse. If adopted, the town is giving away our control and gives the golfcourse the power. We fought as a community to protect our shoreline and ifa adopted the town is giving that away. He strongly urged the Commissioners to disapprove the zoning Ms. Booth advised that growth allocation, which would be required for the zoning change, would not only have to go through the Planning Commission and Town Commissioners, but also through the Critical Area Commission. As it was unclear the Planning Commissions intent on the change, she suggested that the Commissioners and Planning Commission hold a joint GeoffLeech stated the golf course has been great stewards of the community, but questioned why the town would want to give up leverage. He does have concerns with the proposed Dave Sutherland stated he didn't know anything about the proposed change until recently. He advised that zoning on the Kevin Dey property has flip flopped over the years. Flooding on that property is deplorable and feels iti is a safety issue. Hel believes the property should remain  Ordinance had already taken place in the fall.  change to the golfc course.  work session to discuss further.  change.  zoned as residential.    2  Willie Comegys stated that his commercial property meets up with the Dey property, which used tol be commercial. Itis not a desirable piece of property for residential building and would Frank Philip inquired what the concerns and intentions of each Commissioner were on how to deal with the concerns raised during the hearing. Commissioner Schuster stated he felt that the Commissioners need to get justification from the Planning Commission on the golfcourse zoning recommendation, as he personally doesn't agree with development on the creek. President Willis stated he agreed with Commissioner Schuster and advised he is not prepared to vote on the ordinance at this time. Commissioner Hardee echoed the same sentiment as the other Commissioners. Mr. Philip thanked the Commissioners for their candor and support. Commissioner Hardee did advise that the information is out there for the public. It's on our Joe Kelkowski stated he has lived on Aker Road for 45 years, and his property is adjacent to Kevin Dey's. He is in favor ofit being rezoned back to Commercial. He stated he has had SHA there to look at their ditch along Rt. 301 as the flooding at times is terrible. He was advised by SHA it would be about 4 weeks and they would get back tol him, and that time is Dave Sutherland stated there clearly has been a problem for years and access to the Dey  rather see a commercial building there than a house or townhouses.  website and has been in newsletters.  coming up. property is hard.  President Willis thanked everyone for their comments and motioned to close the hearing at 7:45 p.m.  Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay  PUBLIC WORKS - Amy Moore  Membranes were pulled and inspected by Ovivo and all in good condition Water main break on Del Rhodes Avenue across from Royal Farms entrance repaired Sewer lateral to Town Office dug up and replaced due to root intrusion Manhole on Main St. across from town office was taken up and: replaced. Been stuck and unable to be lifted for some time. Some damage was done to backhoe bucket during removal Chris Ritch installed heat lamps at Outlets water tower to prevent freezing of lines. Del Rhodes well keeps tripping out. White Marsh is aware and is taking care ofit. Queenstown Harbor Golfis proposing a road extension at their newly developed cottages. The extension will connect the cottage access road to the River House driveway. Aj portion oft this road extension was not included in the originally approved storm water management review. Plan documents have been forwarded to Kevin Shearon at DMS, the town's 's assigned engineer  process, and it is in the works to be repaired. Space heater was replaced at the Outlets lift station  for development at the Queenstown Harbor Golf Course.  PLANNING -No update  FINANCE COMMITTEE - Pat Bowell  FY'18. Financial Audit has been completed. Ms. Bowell gave a brief overview oft the audit- - FY'18 was a transition year - changed operators at the WWTP, went from having a Public Works Director to none, went from interim volunteer Town Manager to full-time  position.  Pension is greatest liability ini the General Fund    3  Ongoing operating cost is greatest liability in the Water/Sewer Fund Separation on Management/Clerk functions noted, as in previous years  TOWN MANAGERCLERK-TREASURER  Treasurer's Report-  General Fund checking Water/Sewer Fund checking WWTP Project checking  $190,811.03 $49,721.10 $ 1 14,242.36  Minutes-  President Willis motioned to accept the December 19, 2018 Closed Session minutes as written. President Willis motioned to accept the December 19, 2018 Regular Meeting minutes as written. President Willis motioned to accept the January 16, 2019. Joint Work Session minutes as written.  Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay Motion seconded by Commissioner Hardee. Vote: 3-aye, 0-nay Motion seconded by Commissioner Schuster. Vote: 3-aye, 0-nay  CorrespondenceOther. = Clerk  Ms. Moore brought up parking on Maryland Ave. from Steamboat Ave. to Old WharfI Lane. Currently, parking is prohibited on the side across from Bowlingly. Itwas recommended that the "noj parking" be on the Bowlingly side ofl Maryland Ave. to allow residents to park in front oft their homes. The reason it had been set up the way it currently is was to prohibit parking on both sides of the street during Bowlingly events. No on street parking was permitted by the Board of Appeals when permission was granted to Bowlingly for events, sO that is now a moot point. Therefore, Commissioner Schuster motioned to make Maryland Avenue "noj parking" on the Bowlingly side of the street. Motion seconded by President Willis. Vote: 3-aye, 0-nay. Paul Cain, resident of Steamboat Ave., asked if parking could be permitted on both sides of Steamboat. He was advised that the street is not wide enough to allow emergency vehicles to Clerk advised that the MML Convention will be held in Ocean City. June 23-26. Clerk would like to hold a short Closed Session with Commissioners to discuss personnel  pass should parking be permitted on both sides.  matters. OLD BUSINESS-  WWTP - still need meeting with Jason Lytle ofGMB to discuss few design issues I&IProject- - Bob Rauch advised Clerk that RFP for immediate I&Irepairs is complete. Going through one final review. He asked ifTown wanted to advertise or solicit for bids. Commissioners were in agreement to solicit for bids. Mr. Rauch is completing grant application with MDE, which is due by 1/31/19. Applying for total I&Iproject, including construction, engineering, contingencies, etc. for an estimated $650-700,000. Water Tower & Infrastructure Project - Mr. Rauch is also applying to MDE for additional loan/grant (loan forgiveness) funding through the State Revolving Loan program for Town costs on the water tower project. Next immediate step is for the Town to meet with property owner to discuss land acquisition. Separate from that, Mr. Rauch requests the Town authorize design to begin on the project. This would be with a clear understanding that work can be    4  stopped at any time. It would be done in steps and phases, with decisions being made throughout the process. The Commissioners agreed to set up a work session with Peter Dudley regarding land acquisition discussions. They were in agreement to wait for land approval "Town Hall' meeting on Wednesday, February 20, 2019 at 7:00 p.m. at the Calvary United Methodist Church. Notice has been put in the newsletter, on the website, and a postcard will be sent out in February. Ms. Di Quynn-Reno advised ifthe Town purchases signs announcing the  before authorizing the design process to begin.  meeting, a sign could be placed in her yard.  NEW BUSINESS-  Commissioner Hardee advised that he and the office staff were meeting with Jeannie Richardson of The Digital Architects next week regarding updating and streamlining our Commissioner Schuster suggested a full or part-time Code Enforcement position. Commissioner Hardee agreed and suggested they talk about policy and personnel matters  website.  during a Closed Session. ATTORNEY UPDATES - Brynja Booth  Went to court on property maintenance issue. Property owner did not show up and the judge  ordered a "show cause" be issued. Waiting on ai new court date.  PUBLIC COMMENT- communication.  Di Quynn-Reno - 6740 Main St. - thanked the Commissioners for the increase in  President Willis motioned to close the regular meeting at 8:20 p.m. for the purpose of entering into a Closed Session to discuss personnel matters. Motion seconded by Commissioner Schuster. Vote: 3- President Willis motioned to adjourn the Closed Session and reconvene the regular meeting at 8:55 President Willis motioned to appoint Paul Cain to the Planning Commission as a replacement to Ms. Betty White, who recently resigned. His term will expire in September 30, 2023. Motion seconded by There being no further business at this time, President Willis motioned to adjourn the meeting at 8:56  aye, 0-nay.  p.m., motion seconded by Commissioner Hardee. Vote: 3-aye, 0-nay  Commissioner Hardee. Vote: 3-aye, 0-nay  p.m. Motion seconded by Commissioner Hardee. Vote: 3-aye, 0-nay  Respectfully submitted, Angulle Amy W.) Moore Town Manager/Clerk    AGENDA February 27,2019  QUEENSTOWN COMMISSIONERS  6:30 p.m. - WORK SESSION  Review of correspondence, bills to be paid, etc.  7:00 p.m. - MEETING CALLED TO ORDER  GUESTS-  Robert Rauch - Town Engineer RE: I&Ibids and update  COMMITTEES  Public Works Planning Finance Committee  TOWN MANAGER/CLERK 1. Treasurers/Finance Report 2. Minutes  3. Correspondence/Requests/nto - Sent and Received  OLD BUSINESS  ONGOING MATTERS: (Items will remain on list until complete)  1. Wastewater Treatment Plant 2. I&Ip project 3. Water Tower & Infrastructure project 4. Town Hall Style Meeting - Reschedule  5. Ordinance No. 18-05, titled: AN ORDINANCE OF THE TOWN OF QUEENSTOWN TOREPEAL IN THE ENTIRETY AND REENACT1 THE QUEENSTOWN ZONING MAP elglbleforadoption)  NEW BUSINESS ATTORNEY UPDATES    Comments by Don Regenhardt, 7009 First Avenue, Queenstown, Maryland for the Public Hearing on Proposed Zoning Ordinance 18-05-Zoning Map, January My comments are based on a review of the Town's Comprehensive Plan adopted in December 2017; Proposed Zoning Ordinance 18-05; and the current and wish to comment on only one aspect of the proposed zoning map, and that is the proposed substantial enlargement of the Queenstown Resort District on the golf course property. As background to my comments Iwill describe my understanding of agreements reached when the Golf Course propertywas annexed by the Town and the Queenstown Resort District was formed. The Town worked with the owners to provide 40 acres of Growth Allocation on the Chester River side of the property. It was well understood by all parties that this was done with the intention to preserve the existing natural wooded shoreline along Little Queenstown Creek and the Great Blue Heron Rookery, Maryland zoning law and the associated case law is complex and more than obtuse to the layman. believe, however, that Zoning Ordinances and Zoning Maps should be, and perhaps must be, consistent with a town's Comprehensive Plan. Ihave reviewed the Town's Comprehensive Plan and do not find any justification for expansion of the QRD nor for the Table of Permitted Uses in the Though there are more, Icite only one example for my conclusion regarding Permitted Uses. On Page 59, Table 4-10, "Growth Summary" is this entry for Golf Resort: Dwelling Units -0. This information from our Town's Comprehensive Plan isi inconsistent with The Table of Permissible Uses beginning on Page 166 of the Proposed Zoning Ordinance. For example, QRD Permissible Uses in the proposed  23,2019  proposed Zoning Maps as available on the Town WEB Site.  among other things.  QRD in the proposed ordinance.  ordinance include:  Detached House, Semi-Detached House, Duplex, Townhouse, Multi- amly/Apartmentvcono. and Modular Home, Private and municipal piers, docking and landing facilities, Eating and Drinking Establishments, Hotel and Motel, and Bed and Breakfast. This is inconsistent with the previously cited Table    4-10 of the Comprehensive Plan which includes the entry for Golf Resort Dwelling While on the Queenstown Planning Commission my fellow members and I worked with The Brick Companies (the golf course owners), and the Town Commissioners with the goal of achieving a successful business operation on the golf course property. We negotiated, with both sides making concessions. My view has not changed. lencourage the Town to work with The Brick Companies to facilitate However, it is in the Town's interest to retain negotiating leverage. The proposed Zoning Ordinance and Map yields control and leverage to The Brick Companies, and of even more concern, to any future owners of the property. Ins summary, lask you, the Town Commissioners: (1) to reject the proposed Zoning Ordinance in its current form along with the proposed Zoning Map; and (2) to ask the Planning Commission to revise it and associated Zoning Maps to: (1) be consistent with the Town's comprenensive Plan; (2) to protect the unique natural shoreline of Little Queenstown Creek; and (3) to retain control of what development can take place in the QRD and Countryside Districts now, and in the  Units of 0 (zero).  their commercial success.  future. Thank you.    TOWN OF QUEENSTOWN  CLOSED MEETINGENECUTIVE SESSION RECORD  Aj 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: Date:  112319  Time: &20pm.  (2) LEGAL. AUTHORITY FOR CLOSING PUBLIC MEETING OR GOING INTO EXECUTIVE SESSION (circle the section of the law which authorizes the closed Open Meetings Act, Maryland Code Annotated, General Provisions Article, $3-  session): 305(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 individuals;  (ii) any other personnel matter that affects 1 or more specific  (2) protect the privacy or reputation ofindividuals with respect to a matter (3) consider the acquisition of real property for a public purpose and matters (4) consider a matter that concerns the proposal for a business ori industrial  that is not related to public business; directly related thereto;  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. 1.15  Page 1    (7) 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 (10) discuss public security, ift the public body determines that public  to the negotiations;  discussion would constitute a risk to the public or to the public security, (i) the deployment of fire and police services and staff; and () the development and implementation of emergency plans; (11) prepare, administer, or grade a scholastic, licensing, or qualifying (12) conduct or discuss an investigative proceeding on actual or possible (13) comply with a specific constitutional, statutory, orjudicially imposed requirement that prevents public disclosures about aj particular proceeding  including;  examination; criminal conduct;  or matter; or  (14) before a contract is awarded or bids are opened, discuss ai matter directly related to ai negotiating strategy or the contents ofal 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:  MMMDALONALO GE GUOMOLUM  (Name of Board, Agency, Commission, or Committee)  (4) IDENTIFYTOPICIS): PROPOSED FOR DISCUSSION IN CLOSED SESSION:  Puaumel to diowno puhnhal ewaplagpe fov codi OMENCOAMENLE  aswelLas appahinent so Paxauig  Vacaneg  Closed Session: form Rev. 1.15  Page 2    (5) MEMBERS OF BOARD, AGENCY, COMMISSION, OR COMMITTEE PRESENT AT PUBLIC MEETING AT WHICH CLOSED SESSION  REQUESTED: Name  Vote on Closure (circle correct vote) For/Against (Eol/Against FotAgainst For/Against For/Against 9120w. SCpNA  Hoqu clwborr Tapwa Jullp AL JAaidot  (6) TIME CLOSED SESSION CONVENED: TIME CLOSED SESSION CONCLUDED: (7) PERSONS PRESENT. ATCLOSED SESSION:  JHaqu Guan TaMipall ALHona BABu lyndily  yenyAlar  Closed Session form Rev. 1.15  Page3 3    (8) PLACE CLOSED OR EXECUTIVE SESSION HELD:  QDveomshunw Tawa D6RCe  (9) PURPOSE OF AND TOPICS DISCUSSED AT CLOSED SESSION:  ucso poantal DNAlayIL Fw Cads MABICMOML. duusd pdontial camddatin fw Plauniy COMNRIAND  (10) SUMMARY OF ACTIONS TAKEN AT CLOSED SESSION,I IF ANY:  MDOhm ducupo mp  CERTIFICATE OF PRESIDING OFFICER  Ihereby certify that I am the presiding officer of wAlpudQduw public board, agency, commission, committee, or other public body of the Town of Queenstown, Maryland. Ifurther certify that by a majority vote on the 1BVd day of 4ad0L the aforesaid agency, board, committee, or commission voted to hold aclosed 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  Closed Session form Rev. 1.15  Page 4    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 oft the aforesaid agency, board, committee, or commission.  73119 Date    Thmmao B.Julojy.  Printed Name Vveadeut Title  Closed Session form Rev. 1.15  Page 5