town council meeting minutes
Minutes May 6, 2021 · 8 page(s)
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These are the minutes of the Centreville Town Council meeting of May 6, 2021. Council approved minutes, held a public hearing on Ordinance 05-2021 (buffer yard/setback rules for certain non-single-family uses) with no public testimony and later approved the ordinance on the consent agenda; appointed four people to town boards and administered oaths; introduced Jim Kelbaugh as new Utility Supervisor; heard a presentation on short-term rentals; heard a request from Talkie Communications for Town ARPA funds to help build fiber through downtown (Council preferred a private partnership); and acknowledged the Wynn Claim decision, choosing a $2,072 lump-sum refund option.
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Town Council of Centreville May 6, 2021 7:00 p.m. M I N U T E S The May 6, 2021 Town Council meeting was called to order at 7:01 p.m. by President Timothy E. McCluskey at the Liberty Building located at 107 N. Liberty Street, 2nd floor meeting room. The following members and staff were present: Timothy E. McCluskey, President; Steven K. Kline, Vice President; Robert R. Hardy, Jr., Jeffrey D. Kiel, and Shelby C. Anania, Members; Krystel Ebaugh, Acting Town Manager; Chief Joe Saboury, Centreville Police Department; Karen Luffman, Finance Officer; William Chapman, Acting Town Attorney; and Carolyn Brinkley, Town Clerk. Following the Pledge of Allegiance and a moment of silence, Mr. Kline made a motion to approve the April 15, 2021 budget work session minutes, as amended. Mr. Hardy seconded the motion, which passed unanimously. Mr. Kline made a motion to approve the April 15, 2021 meeting minutes, as presented. Mr. Hardy seconded the motion, which passed unanimously. Citizens Comments Priscilla Mileski, Happy Lady Lane; Fred McNeil, Chesterfield Avenue; Fred Beu, Chesterfield Avenue; Sandy Simpson, Walnut Street; Carrie O’Connor, Little Kidwell Avenue; Bob McGrory, Chesterfield Avenue; Joe Brown, Concerto Avenue; Royce Herman, Hope Road; Eric Willis, Front Street; and Ryan Holdgreve, Chesterfield Avenue, offered comments. Additional comments that were submitted via email were read from the following: Carrie York, Watson Road; George Sigler, Windsor Avenue; Patrick Kelley, Hope Road; Deb Sigler, Windsor Avenue; Mary Margaret Goodwin, Commerce Street; Justin Asher; and Lucy Ickes-Marks, Chesterfield Avenue. Public Hearing: Ordinance 05-2021 – Text Amendment: Buffer Yard Requirements for Non-Single-Family Dwellings in Residential Zones The public hearing began at 7:44 p.m. for Ordinance 05-2021 for the purpose of amending the Town of Centreville Zoning Ordinance codified as Chapter 170 of the Town Code to create setback and buffer yard requirements between new uses and existing single-family detached residences in the R-1 and R-2 Zoning Districts and for any non-residential use in the R-3 Zoning District. Mr. McCluskey stated that when the text amendment was presented to allow museums in the residential district, there were questions raised regarding buffer yard requirements and this text amendment was developed. He reported that the Planning Commission reviewed the text amendment and provided a letter forwarding a favorable recommendation. Ms. Brinkley verified that the notice of hearing was publicized in a newspaper circulated in Queen Anne’s County. Mr. McCluskey asked for comments from anyone in favor of Ordinance 05-2021. No one spoke in favor of Ordinance 05-2021 and no written comments in favor were received prior to the meeting. Mr. McCluskey asked for comments from anyone opposed to Ordinance 05-2021. No one spoke in opposition of Ordinance 05-2021 and no written comments in opposition were received prior to the meeting. Mr. Kline made a motion to adjourn the public hearing. Mr. Hardy seconded the motion, which passed unanimously. The public hearing for Ordinance 05-2021 adjourned at 7:46 p.m. Appearances a. Board and Commission Appointments Mr. Kline made a motion to approve Tim Zuella as a member of the Planning Commission for a five- year term expiring April 2026; Michael Whitehill as a member of the Park Advisory Board for a three- year term expiring April 2024; Martha Herman as a member of the Ethics Commission for a three-year term expiring April 2024; and Nancy Weibell as a member of the Board of Supervisors of Elections for a three-year term expiring April 2024. Mr. Kiel seconded the motion, which passed unanimously. Mr. Zuella, Mr. Whitehill, Ms. Herman, and Ms. Weibell received their oath of office. 2021-05-06-TC Approved Minutes.doc Page 1 of 8 b. Jim Kelbaugh, Utility Supervisor Ms. Ebaugh introduced Jim Kelbaugh as the new Utility Supervisor for the Streets Department. She stated that Mr. Kelbaugh has worked for the Town prior in the Water and Wastewater Department. He has previous supervisory experience and has been doing a great job since taking on this new role. c. Nick Rowdon, Short Term Rentals Mr. Rowdon made the following presentation: 2021-05-06-TC Approved Minutes.doc Page 2 of 8 Mr. McCluskey stated that he agrees that the process is broken however, this is a business and is still changing from a traditional “residential” use. Mr. Kline stated that this is imperative to look into and with the way tourism is going, he would like to see how this can be made to work. Mr. Rowden reported that if tourists can go to Chestertown, Easton, and St. Michael’s, why can they not come to Centreville. Mr. Hardy indicated the he hopes the Town will look at other towns to see what has worked for them. d. Andre and Andrew DeMattia, Talkie Communications Andre and Andrew DeMattia made the following presentation: 2021-05-06-TC Approved Minutes.doc Page 3 of 8 2021-05-06-TC Approved Minutes.doc Page 4 of 8 Andre DeMattia stated that the cost to come through the middle of town to serve those customers would cost over $400,000 to obtain make ready poles (i.e., to be able to attach fiber to Delmarva Power and Verizon poles). Talkie does currently partner with Maryland Broadband and during the presentation asked the Town Council to use a portion of their American Rescue Plan Act (ARPA) funds to partner with Talkie to help them get through the middle of Town. They stated if the Town helped, they would guarantee 99% of town would be connected within two (2) years. The make ready poles would be from bridge to bridge on both sides. Andrew DeMattia reported that if the Town could not partner with Talkie, it is too cost prohibitive for them to come through downtown Centreville and they would have to follow the route from North Brook, outside of town (down 301) to connect Symphony Village. Mr. McCluskey reported that he was in favor of this partnership but the Town Council feels this should be a private partnership and the Town government should not be involved. CONSENT AGENDA Item 1: Ordinance 05-2021 for the purpose of amending the Town of Centreville Zoning Ordinance codified as Chapter 170 of the Town Code to create setback and buffer yard requirements between new uses and existing single-family detached residences in the R-1 and R-2 Zoning Districts and for non-residential use in the R-3 Zoning District. Item 2: Acknowledge Wynn Claim Decision which is a ruling from the Maryland Court of Appeals that the General Assembly acted within the Constitution in providing that Marylanders who had paid an unconstitutional tax would be reimbursed at an interest rate pegged to the prime rate used by banks, but less than the 13% interest rate paid on certain other refunds. Although Maryland allowed credit for out-of-state taxes paid by residents and non-residents, the state did not apportion or apply that credit to a taxpayer’s county taxes. 2021-05-06-TC Approved Minutes.doc Page 5 of 8 In an email dated April 20, 2021, Ms. Luffman stated that the State of Maryland is offering Centreville’s portion to be paid one of two ways: one lump sum payment in the amount of $2,072 or 80 quarterly payments of $25.90 through 2041. The response to the State was required prior to the May 6, 2021 Town Council meeting. The Town Council responded, via email, unanimously, to pay one lump sum of $2,072. Mr. Kline made a motion to approve Items 1 and 2 listed on the Consent Agenda. Ms. Anania seconded the motion, which passed unanimously. Old Business a. 2021 Fireworks Ms. Brinkley and Ms. Anania reported that the Fireworks Committee has been working on planning other family-friendly options for Family Fun Day prior to the fireworks on July 3rd. They have scheduled a petting zoo; have talked to a magician however, it is cost prohibitive; food vendors are on board however, there are more needed; and DJ Steve Moody will be providing some line dancing and dance contests. New Business a. Ordinance 06-2021 FY2022 Budget – First Reading Mr. Kline read Ordinance 06-2021 for the purpose of adopting the budget for the Town of Centreville for Fiscal Year 2022. Mr. McCluskey reported that a public hearing for Ordinance 06-2021 and the Constant Yield will be held on Thursday, May 20th. b. Trash, Recycle, Yard Waste Bid Consideration Ms. Ebaugh requested that a decision on the trash and recycle contract be tabled and asked the Town Council to consider the yard waste contract. Mr. Kline made a motion to approve Downes Lawn Service for a five-year contract in the amount of $279,208.62 for July 1, 2021 to June 30, 2026 with 2 – 1-year options for renewal per the prices quoted for subsequent years. c. Quarterly Landfill Fees The Town Council tabled a discussion on the quarterly landfill fees. d. Utility Bill Late Fees / Shut Offs Ms. Luffman presented the following memo: Mr. Kline made a motion to approve the policy on late fees/shut offs for water/sewer customers be reinstated effective the June 2021 billing cycle. Ms. Anania seconded the motion, which passed unanimously. e. Ordinance 07-2021 – Zoning Text Amendment – Carter Farm – First Reading Mr. Kline read Ordinance 07-2021 for the purpose of amending the Town’s Zoning Ordinance codified as Chapter 170 of the Town Code to establish regulations for the designation of an Agriculture Neighborhood District as a floating zone in order to administer and enforce the Town’s Zoning Ordinance more effectively. Ms. Brinkley confirmed that Ordinance 07-2021 is currently on the May 19th Planning Commission agenda. f. 2020 Year End Accomplishments Ms. Ebaugh stated that the 2020 Year End Accomplishments are in the Council’s packet for review. 2021-05-06-TC Approved Minutes.doc Page 6 of 8 Reports of Boards and Commissions a. Centreville Park Advisory Board Ms. Anania stated that the Park Advisory Board met on Tuesday, May 4th. She read the following letter from the Park Advisory Board regarding the perimeter trail on the Carter Farm property: b. Council of Governments Mr. Kiel reported that COG is scheduled to meet on May 12th. c. Maryland Municipal League Mr. Hardy had nothing to report. d. Centreville Planning Commission Mr. McCluskey stated that the Planning Commission approved the final site plan for the YMCA and the final site plan for GTI. The previous night, May 5th, they discussed the comp plan. e. Economic Development Mr. Kline had nothing to report. Reports of Department Heads a. Town Manager Ms. Ebaugh stated that she did not have anything to report. Mr. McCluskey reported that Mr. Steve Walls, Town Manager, informed the Town Council that he will be retiring after 44 years of government service. January 5, 2022 will be his last day with the Town of Centreville. 2021-05-06-TC Approved Minutes.doc Page 7 of 8 b. Chief of Police Report Chief Saboury requested the support of the Town Council for the enrollment of CPD officers to the Law Enforcement Officers Pension System (LEOPS). Mr. Kline made a motion to include enrollment into LEOPs, effective immediately, in the FY2022 budget. Mr. Hardy seconded the motion, which passed unanimously. c. Human Resources Manager Ms. Ebaugh reported that she will now be working with Chief Saboury to enroll the officers in LEOPS. d. Town Clerk Ms. Brinkley reported that she has scheduled the Corsica River Conservancy to present their latest report at the June 3rd Town Council meeting. Citizens Forum Elaine Studley, Liberty Street, offered comments. Council Roundtable Ms. Anania stated that she was very happy with the number of people who came out tonight in support of the perimeter trail at Carter Farm. She stated that there have been issues with the trash company and she has received complaints from citizens. Mr. Kiel stated that there has been a lot of discussion about the tax increase. Mr. Hardy stated that the Council needs to talk about their rigorous review of the budget. Mr. Kline stated that he is very confident in his and the Council’s decision at this point. There has been a lot of distaste in Centreville because of the Liberty and Commerce Streets project and this Council’s job is to ensure that does not happen again. He stated that the budget needs to be accessible to everyone; explain what the Town is doing with the tax increase; explain where the money is going; and it has to be up for everyone to see. Mr. Kline stated that he believes the Council did their due diligence and the easy way out would be to delay it again. Mr. McCluskey stated that he agrees 100% with Mr. Kline. He also stated that he is in full support of the Carter Farm perimeter trail. Mr. Kline stated that in a previous meeting he stated that the Carter Farm perimeter trail was not a unanimous decision among the Council. He stated the he would like to change that and report that due to the overwhelming comments provided this evening, he is now in support of the perimeter trail. Motion to Adjourn There being no further business, Mr. Kline made a motion to adjourn the May 6, 2021 Town Council meeting. Mr. Hardy seconded the motion, which passed unanimously. The meeting adjourned at 9:11 p.m. Respectfully submitted, Carolyn M. Brinkley Town Clerk Council Action Items: 1. Approved the April 15, 2021 budget work session minutes, as amended. 2. Approved the April 15, 2021 meeting minutes, as presented. 3. Approved Items 1 and 2 on the Consent Agenda. 4. Tabled a decision on the trash and recycle contract. 5. Approved Downes Lawn Service for a five-year contract in the amount of $279,208.62 for July 1, 2021 to June 30, 2026 with 2 – 1-year options for renewal per the prices quoted for subsequent years. 6. Tabled a discussion on the quarterly landfill fees. 7. Approved the policy on late fees/shut offs for water/sewer customers be reinstated effective the June 2021 billing cycle. 8. Approved the enrollment into LEOPs, effective immediately, in the FY2022 budget. 2021-05-06-TC Approved Minutes.doc Page 8 of 8