2025-02-20-website.pdf
Other February 20, 2025 · 89 page(s)
Agenda for the Town of Centreville Council meeting on February 20, 2025, including appearances (SB & Company FY24 audit, Maryland General Assembly updates, Hillside Liquors update), two ordinance second readings (Ordinance 01-2025 amending Chapter 158 Vehicles and Ordinance 02-2025 moratorium extension), a one-way street discussion, and a proposed public works agreement for Hillside Liquors. The SB & Company audit presentation reported an unmodified opinion on the June 30, 2024 financial statements, noted no fraud or material weaknesses, recorded all audit adjustments, and described the audit scope and internal control assessment.
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THE TOWN OF CENTREVILLE 101 LAWYERS ROW CENTREVILLE, MD 21617 410-758-1180 FAX 410-758-4741 WWW.TOWNOFCENTREVILLE.ORG AGENDA Town Council of Centreville Meeting February 20, 2025 7:00 PM Liberty Building 107 N. Liberty Street, 2nd Floor Meeting Room I. Convene – Council President I. Pledge of Allegiance III. Moment of Silence – For Military & Public Safety Personnel (Past & Present) IV. Agenda Review V. Review of Minutes from Past Meetings a. February 6, 2025 Meeting Minutes Citizens Forum (Citizens are requested to keep their comments to three minutes.) VI. Appearances a. Chris Lehman – SB & Company – FY24 Audit b. Ashlie Bagwell – Harris Jones & Malone – Maryland General Assembly Updates c. Brandon Davis – DMS & Associates – Hillside Liquors Updates VII. Old Business a. Ordinance 01-2025 – Amending Chapter 158 Vehicles, Non-Self Propelled, Second Reading- Sponsored by Council Member Beauchamp b. Ordinance 02-2025 – Moratorium Extension, Second Reading – Sponsored by Council Member Worth VIII. New Business a. One Way Street Discussion – Clifford “Kip” Matthews – Director of Public Works b. Resolution 01-2025 – Hillside Liquors – Proposed Public Works Agreement – Council President IX. Reports of Boards and Commissions a. Maryland Municipal League b. Council of Governments c. Economic Development d. Park Advisory Board e. Planning Commission X. Reports of Department Heads a. Town Manager b. Chief of Police c. Town Attorney d. Finance Officer e. Director of Public Works f. Human Resources Manager e. Town Clerk IX. Citizens Forum (Citizens are requested to keep their comments to three minutes.) X. Council Roundtable a. Kiel b. Beauchamp c. Worth d. Huffer e. Kaiser XI. Motion to Adjourn – Council President Upcoming Events/Meetings: February 20, 2025 – Town Council Meeting – 7:00 p.m. – Liberty Building March 4, 2025 – Park Advisory Board Meeting – 6:00 p.m. – Town Hall March 5, 2025 – Planning Commission Meeting – 7:00 p.m. – Liberty Building March 6, 2025 – Town Council Meeting – 7:00 p.m. – Liberty Building March 8, 2025 – Volunteer Appreciation Dinner – 6:00 p.m. – American Legion March 11, 2025 – Cemetery Advisory Committee- 4:00 p.m. – Town Hall March 19, 2025 – Planning Commission Meeting – 7:00 p.m. – Liberty Building March 20, 2025 – Town Council Meeting – 7:00 p.m. – Liberty Building **Please note: One or more Centreville Town Council members may be attending these events/meetings. Town of Centreville, Maryland Presentation to those Charged with Governance February 20, 2025 SB & Company, LLC Introductions ▪ Christopher Lehman, Engagement Partner ▪ Renata Reis, Engagement Manager 2 Scope of Services ▪Audit of the June 30, 2024 financial statements ▪Assistance with drafting the financial statements ▪Assistance with Uniform Financial Report ▪Available for year-round consultation 3 Summary of the Results Issued an unmodified opinion on the financial statements No fraud discovered or made aware of No material weaknesses identified Received full cooperation from management 4 Audit Approach SBC A A UDIT PPROACH “Focus on Risk, Controls and Account Misstatement” 6 Assessment of Internal Controls Assessment of Control Environment ▪ Control environment ▪ Risk Assessment Process ▪ Control Activities ▪ Information and Communication ▪ Monitoring Assessment of Key Processes ▪ Treasury ▪ Estimation ▪ Financial Reporting ▪ Expenditures ▪ Payroll ▪ Revenue ▪ Fixed Assets 7 Audit Results Financial Statement Highlights 9 Financial Statement Highlights (continued) 10 Required Communications R C EQUIRED OMMUNICATIONS 1. Auditor’s Responsibilities Under Generally Accepted Auditing Standards (GAAS) The financial statements are the responsibility of management. Our audit was designed in accordance with auditing standards generally accepted in the United States of America, and provide for reasonable, rather than absolute, assurance that the financial statements are free of material misstatement. 2. Significant Accounting Policies Management has the responsibility for selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by management are described in the notes to the financial statements. 3. Auditor’s Judgments About the Quality of Accounting Principles We discuss our judgments about the quality, not just the acceptability, of accounting principles selected by management, the consistency of their application, and the clarity and completeness of the financial statements, which include related disclosures. We have reviewed the significant accounting policies adopted by the Town and have determined that these policies are acceptable accounting policies. 12 12 R C EQUIRED OMMUNICATIONS (continued) 4. Audit Adjustments We are required to inform the Town’s oversight body about adjustments arising from the audit (whether recorded or not) that could in our judgment either individually or in the aggregate have a significant effect on the entity’s financial reporting process. We also are required to inform the Town’s oversight body about unadjusted audit differences that were determined by management to be, individually and in the aggregate, immaterial. All adjustments identified through the audit were recorded by management. 5. Fraud and Illegal Acts We are required to report to the Town’s oversight body any fraud and illegal acts involving senior management and fraud and illegal acts (whether caused by senior management or other employees) that cause a material misstatement of the financial statements. Our procedures identified no instances of fraud or illegal acts. 6. Material Weaknesses in Internal Control We are required to communicate all significant deficiencies in the Town’s systems of internal controls, whether they are also material weaknesses. We noted no material weaknesses during the audit process. 13 13 R C EQUIRED OMMUNICATIONS (continued) 7. Other Information in Documents Containing Audited Financial Statements None. 8. Disagreements with Management on Financial Accounting and Reporting Matters None. 9. Serious Difficulties Encountered in Performing the Audit None. 10. Major Issues Discussed with Management Prior to Acceptance None. 11. Management Representations We received certain written representations from management as part of the completion of the audit. 12. Consultation with Other Accountants To our knowledge, there were no consultations with other accountants since our appointment as the Town’s independent public accountants. 13. Independence As part of our client acceptance process, we go through a process to ensure we are independent of the Town. We are independent of the Town. We provided assistance with drafting the financial statements, which is a non-attest service and this service does not impair our independence. 14 14 R C EQUIRED OMMUNICATIONS (continued) 14. Our Responsibility Related to Fraud ▪ Plan and perform the audit to obtain reasonable assurance that there is no material misstatement caused by error or fraud; ▪ Comply with AU-C Section 240: Consideration of Fraud in a Financial Statement Audit; ▪ Approach all audits with an understanding that fraud could occur in any entity, at any time, by anyone; and ▪ Perform mandatory procedures required by GAAS and our firm policies. Examples of Procedures Performed ▪ Discuss thoughts and ideas on where the financial statements might be susceptible to material misstatement due to fraud; ▪ Understand pressures on the financial statement results; ▪ Understand the tone and culture of the organization; ▪ Look for unusual or unexpected transactions, relationships, or procedures; ▪ Discussions with individuals outside of finance; ▪ Evaluate key processes and controls; and ▪ Consider information gathered throughout the audit. 15 15 Engagement Team Key Contact Information Christopher Lehman, CPA, MBA Renata Reis, CPA Engagement Partner Engagement Manager Office: 410-584-2201 Office: 443-353-5451 Mobile: 301-785-7408 Mobile: 240-938-8528 clehman@sbandcompany.com rreis@sbandcompany.com Executive Assistant: Susan Teneza Executive Assistant: Kameron Pulliam Office: 410-584-9303 Office: 443-353-5437 steneza@sbandcompany.com kpulliam@sbandcompany.com Maryland Washington, D.C. 10200 Grand Central Avenue 1200 G Street, NW Suite 250 Suite 809 Owings Mills, MD 21117 Washington, DC 20005 410.584.0060 202.434.8684 SENATE BILL 891 L6, N1 5lr1839 CF 5lr1838 By: Senator M. Washington Introduced and read first time: January 28, 2025 Assigned to: Education, Energy, and the Environment A BILL ENTITLED 1 AN ACT concerning 2 Land Use and Real Property – Accessory Dwelling Units – Requirements and 3 Prohibitions 4 FOR the purpose of requiring, on or before a certain date, the legislative body of certain 5 counties or municipal corporations to adopt a local law authorizing the development 6 of accessory dwelling units on land zoned for single–family residential use subject to 7 certain requirements; providing for requirements for approval of a zoning use permit 8 application, the calculation of development impact fees or building excise taxes, the 9 creation of on– and off–street parking spaces, and restrictions on the ability of a 10 utility to require a certain connection or charge a certain fee, subject to certain 11 criteria; prohibiting a restriction on use in an instrument affecting the transfer or 12 sale of real property or any other interest in real property from imposing or acting to 13 impose certain limitations on the development or use of accessory dwelling units on 14 property zoned for single–family residential use; authorizing the governing body of 15 a homeowners association to treat an accessory dwelling unit as a separate lot for 16 purposes of voting and levying assessments; and generally relating to the 17 development and use of accessory dwelling units. 18 BY repealing and reenacting, without amendments, 19 Article – Land Use 20 Section 1–401(a) and (c) and 10–103(a) 21 Annotated Code of Maryland 22 (2012 Volume and 2024 Supplement) 23 BY repealing and reenacting, with amendments, 24 Article – Land Use 25 Section 1–401(b)(18) through (30) and 10–103(b)(17) through (23) 26 Annotated Code of Maryland 27 (2012 Volume and 2024 Supplement) 28 BY adding to EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from exist in g l aw . *sb0891* 2 SENATE BILL 891 1 Article – Land Use 2 Section 1–401(b)(18); 4–501 through 4–507 to be under the new subtitle “Subtitle 5. 3 Accessory Dwelling Units”; and 10–103(b)(17) 4 Annotated Code of Maryland 5 (2012 Volume and 2024 Supplement) 6 BY adding to 7 Article – Real Property 8 Section 2–126, 11B–101(a–1), and 11B–111.11 9 Annotated Code of Maryland 10 (2023 Replacement Volume and 2024 Supplement) 11 BY repealing and reenacting, without amendments, 12 Article – Real Property 13 Section 11B–101(a) 14 Annotated Code of Maryland 15 (2023 Replacement Volume and 2024 Supplement) 16 BY repealing and reenacting, with amendments, 17 Article – Real Property 18 Section 11B–117(a) 19 Annotated Code of Maryland 20 (2023 Replacement Volume and 2024 Supplement) 21 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 That the Laws of Maryland read as follows: 23 Article – Land Use 24 1–401. 25 (a) Except as provided in this section, this division does not apply to charter 26 counties. 27 (b) The following provisions of this division apply to a charter county: 28 (18) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNITS); 29 [(18)] (19) § 5–102(d) (Subdivision regulations – Burial sites); 30 [(19)] (20) § 5–104 (Major subdivision – Review); 31 [(20)] (21) Title 7, Subtitle 1 (Development Mechanisms); 32 [(21)] (22) Title 7, Subtitle 2 (Transfer of Development Rights); SENATE BILL 891 3 1 [(22)] (23) except in Montgomery County or Prince George’s County, Title 2 7, Subtitle 3 (Development Rights and Responsibilities Agreements); 3 [(23)] (24) Title 7, Subtitle 4 (Inclusionary Zoning); 4 [(24)] (25) Title 7, Subtitle 5 (Housing Expansion and Affordability); 5 [(25)] (26) § 8–401 (Conversion of overhead facilities); 6 [(26)] (27) for Baltimore County only, Title 9, Subtitle 3 (Single–County 7 Provisions – Baltimore County); 8 [(27)] (28) for Frederick County only, Title 9, Subtitle 10 (Single–County 9 Provisions – Frederick County); 10 [(28)] (29) for Howard County only, Title 9, Subtitle 13 (Single–County 11 Provisions – Howard County); 12 [(29)] (30) for Talbot County only, Title 9, Subtitle 18 (Single–County 13 Provisions – Talbot County); and 14 [(30)] (31) Title 11, Subtitle 2 (Civil Penalty). 15 (c) This section supersedes any inconsistent provision of Division II of this article. 16 SUBTITLE 5. ACCESSORY DWELLING UNITS. 17 4–501. 18 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 19 INDICATED. 20 (B) “ACCESSORY DWELLING UNIT” MEANS A SECONDARY DWELLING UNIT 21 ON THE SAME LOT, PARCEL, OR TRACT AS A PRIMARY DWELLING UNIT THAT IS 22 CONSTRUCTED: 23 (1) ATTACHED TO OR THROUGH THE CONVERSION OF A PORTION OF 24 THE PRIMARY DWELLING UNIT; 25 (2) ATTACHED TO OR THROUGH THE FULL OR PARTIAL CONVERSION 26 OF AN ACCESSORY STRUCTURE LOCATED ON THE SAME LOT, PARCEL, OR TRACT AS 27 THE PRIMARY DWELLING UNIT; OR 4 SENATE BILL 891 1 (3) AS A NEW BUILDING, DETACHED FROM THE PRIMARY DWELLING 2 UNIT AND ANY EXISTING ACCESSORY STRUCTURES. 3 (C) (1) “DWELLING UNIT” MEANS A SINGLE UNIT PROVIDING COMPLETE, 4 INDEPENDENT LIVING FACILITIES FOR AT LEAST ONE INDIVIDUAL, INCLUDING 5 PERMANENT PROVISIONS FOR SANITATION, COOKING, EATING, SLEEPING, AND 6 OTHER ACTIVITIES ROUTINELY ASSOCIATED WITH DAILY LIFE. 7 (2) “DWELLING UNIT” DOES NOT INCLUDE A UNIT IN A MULTIFAMILY 8 RESIDENTIAL BUILDING. 9 (D) “UTILITY” MEANS WATER OR SEWER DISPOSAL SERVICES PROVIDED BY: 10 (1) A PRIVATE COMPANY REGULATED UNDER DIVISION I OF THE 11 PUBLIC UTILITIES ARTICLE; 12 (2) THE WASHINGTON SUBURBAN SANITARY COMMISSION 13 REGULATED UNDER DIVISION II OF THE PUBLIC UTILITIES ARTICLE; 14 (3) A SANITARY COMMISSION REGULATED UNDER TITLE 9, SUBTITLE 15 6 OF THE ENVIRONMENT ARTICLE; OR 16 (4) A MUNICIPAL AUTHORITY REGULATED UNDER TITLE 9, SUBTITLE 17 7 OF THE ENVIRONMENT ARTICLE. 18 4–502. 19 THIS SUBTITLE APPLIES ONLY TO THE DEVELOPMENT OF ACCESSORY 20 DWELLING UNITS ON LAND ZONED FOR SINGLE–FAMILY RESIDENTIAL USE. 21 4–503. 22 (A) IT IS THE POLICY OF THE STATE TO PROMOTE AND ENCOURAGE THE 23 CREATION OF ACCESSORY DWELLING UNITS ON LAND ZONED FOR SINGLE–FAMILY 24 RESIDENTIAL USE IN ORDER TO MEET THE HOUSING NEEDS OF THE CITIZENS OF 25 MARYLAND. 26 (B) (1) EXCEPT AS PROVIDED IN THIS SUBTITLE AND SUBJECT TO 27 PARAGRAPH (2) OF THIS SUBSECTION, THIS SUBTITLE DOES NOT ALTER OR 28 ABROGATE ANY ZONING POWER OR RELATED AUTHORITY GRANTED TO A LOCAL 29 JURISDICTION UNDER THIS TITLE. SENATE BILL 891 5 1 (2) LOCAL JURISDICTIONS SHALL ESTABLISH POLICIES THAT 2 FURTHER THE INTENT OF THIS SUBTITLE. 3 4–504. 4 (A) ON OR BEFORE OCTOBER 1, 2026, EACH LEGISLATIVE BODY SHALL 5 ADOPT A LOCAL LAW AUTHORIZING THE DEVELOPMENT OF ACCESSORY DWELLING 6 UNITS ON LAND ZONED FOR SINGLE–FAMILY RESIDENTIAL USE IN ACCORDANCE 7 WITH THIS SECTION. 8 (B) A LOCAL LAW ADOPTED UNDER THIS SECTION SHALL APPLY TO ALL 9 LAND IN THE LOCAL JURISDICTION ZONED FOR SINGLE–FAMILY RESIDENTIAL USE, 10 PROVIDED THAT: 11 (1) THE PARTY DEVELOPING THE ACCESSORY DWELLING UNIT OWNS 12 AND HAS THE EXCLUSIVE RIGHT TO USE THE LOT, PARCEL, OR TRACT ON WHICH THE 13 ACCESSORY DWELLING UNIT IS TO BE DEVELOPED; AND 14 (2) THE DEVELOPMENT OF NEW DWELLING UNITS ON THE LOT, 15 TRACT, OR PARCEL IS NOT OTHERWISE PROHIBITED DUE TO: 16 (I) LIMITATIONS ON AVAILABLE SAFE DRINKING WATER; 17 (II) THE EXISTENCE OF PUBLIC HEALTH RISKS DUE TO 18 LIMITATIONS ON SEWAGE DISPOSAL; OR 19 (III) RISKS ASSOCIATED WITH FIRES, FLOODS, OR LANDSLIDES. 20 (C) A LOCAL LAW ADOPTED UNDER THIS SECTION SHALL: 21 (1) REQUIRE THAT THE TOTAL SQUARE FOOTAGE OF THE ACCESSORY 22 DWELLING UNIT BE LESS THAN THE TOTAL SQUARE FOOTAGE OF THE PRIMARY 23 DWELLING UNIT; 24 (2) REQUIRE THAT THE FINAL DESIGN FOR THE ACCESSORY 25 DWELLING UNIT SATISFY ALL RELEVANT BUILDING CODE REQUIREMENTS; 26 (3) AUTHORIZE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT 27 BEFORE OR DURING THE CONSTRUCTION OF THE PRIMARY DWELLING UNIT, UNLESS 28 THE CONSTRUCTION OF THE ACCESSORY DWELLING UNIT WOULD RESULT IN THE 29 NEED FOR A VARIANCE FROM THE ZONING LAW OF THE LOCAL JURISDICTION IN 30 ORDER TO CONSTRUCT THE PRIMARY DWELLING UNIT; 6 SENATE BILL 891 1 (4) EXCLUDE THE DEVELOPMENT OF AN ACCESSORY DWELLING UNIT 2 FROM THE CALCULATION OF DENSITY AND THE APPLICATION OF ANY MEASURES 3 LIMITING RESIDENTIAL GROWTH THAT PERTAIN TO THE LOT, PARCEL, OR TRACT 4 PROPOSED FOR THE DEVELOPMENT OF THE ACCESSORY DWELLING UNIT; AND 5 (5) SET CONDITIONS FOR APPROVAL OF A ZONING USE PERMIT FOR 6 AN ACCESSORY DWELLING UNIT UNDER § 4–505 OF THIS SUBTITLE THAT ADDRESS 7 OBJECTIVE AND MEASURABLE REQUIREMENTS, INCLUDING: 8 (I) MASSING; 9 (II) LOCATIONS OF ENTRANCES; 10 (III) SQUARE FOOTAGE; AND 11 (IV) SUBJECT TO § 4–507 OF THIS SUBTITLE, CONNECTIONS TO A 12 UTILITY. 13 (D) A LOCAL LAW ADOPTED UNDER THIS SECTION MAY NOT: 14 (1) REQUIRE, AS A CONDITION TO DEVELOPING AN ACCESSORY 15 DWELLING UNIT, THAT THE LOT, PARCEL, OR TRACT EXCEED THE MINIMUM SIZE 16 REQUIRED FOR A PRIMARY DWELLING UNIT IN THE ZONE OR DISTRICT; 17 (2) ESTABLISH SETBACK REQUIREMENTS FROM THE SIDE AND REAR 18 LOT LINES FOR AN ACCESSORY DWELLING UNIT THAT IS CONVERTED FROM AN 19 EXISTING ACCESSORY STRUCTURE IF: 20 (I) THE LOCATION OF THE PROPOSED ACCESSORY DWELLING 21 UNIT IS IDENTICAL TO THE EXISTING ACCESSORY STRUCTURE; AND 22 (II) THE DIMENSIONS OF THE PROPOSED ACCESSORY 23 DWELLING UNIT ARE IDENTICAL TO OR SMALLER THAN THE EXISTING ACCESSORY 24 STRUCTURE; 25 (3) FOR AN ACCESSORY DWELLING UNIT OTHER THAN A UNIT THAT 26 MEETS THE REQUIREMENTS OF ITEM (2) OF THIS SUBSECTION, ESTABLISH SETBACK 27 REQUIREMENTS THAT EXCEED 4 FEET FROM THE SIDE AND REAR LOT LINES; 28 (4) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, 29 REQUIRE: SENATE BILL 891 7 1 (I) IF THE DEVELOPMENT OF THE ACCESSORY DWELLING UNIT 2 IS LOCATED WITHIN A 0.75–MILE RADIUS OF A MASS TRANSIT FACILITY, THE 3 CREATION OF NEW OFF–STREET PARKING AS A CONDITION TO DEVELOPING THE 4 ACCESSORY DWELLING UNIT; AND 5 (II) IF THE DEVELOPMENT OF THE ACCESSORY DWELLING UNIT 6 IS LOCATED OUTSIDE A 0.75–MILE RADIUS OF A MASS TRANSIT FACILITY, THE 7 CREATION OF MORE THAN ONE OFF–STREET PARKING SPACE; OR 8 (5) SET CONDITIONS FOR APPROVAL OF A ZONING USE PERMIT FOR 9 AN ACCESSORY DWELLING UNIT UNDER § 4–505 OF THIS SUBTITLE BASED ON 10 SUBJECTIVE CRITERIA, INCLUDING: 11 (I) NEIGHBORHOOD COMPATIBILITY, SUCH AS DESIGN OR 12 AESTHETICS; OR 13 (II) ADVERSE IMPACTS. 14 (E) (1) (I) SUBJECT TO SUBSECTION (D)(4) OF THIS SECTION, A LOCAL 15 LAW ADOPTED UNDER THIS SECTION MAY ESTABLISH ADDITIONAL OFF–STREET 16 PARKING REQUIREMENTS THAT CONSIDER: 17 1. THE COST TO CONSTRUCT OFF–STREET PARKING 18 SPACES; 19 2. WHETHER SUFFICIENT CURB AREA EXISTS ALONG 20 THE FRONT LINE OF THE PROPERTY TO ACCOMMODATE ON–STREET PARKING; 21 3. THE INCREASE IN IMPERVIOUS SURFACE DUE TO THE 22 CREATION OF NEW OFF–STREET PARKING AND THE RELATION TO ANY APPLICABLE 23 STORMWATER MANAGEMENT PLANS; AND 24 4. VARIABILITY DUE TO THE SIZE OF THE LOT, PARCEL, 25 OR TRACT ON WHICH THE ACCESSORY DWELLING UNIT OR PRIMARY DWELLING IS 26 LOCATED. 27 (II) A LOCAL LAW ADOPTED UNDER THIS PARAGRAPH SHALL 28 PROVIDE FOR A WAIVER PROCESS FROM THE PARKING REQUIREMENTS. 29 (2) BEFORE ADOPTING A LOCAL LAW UNDER PARAGRAPH (1) OF THIS 30 SUBSECTION, A LEGISLATIVE BODY SHALL COMPLETE A PARKING STUDY TO 31 DETERMINE THE APPLICABLE NEEDS AND RESTRICTIONS IN THE JURISDICTION. 8 SENATE BILL 891 1 4–505. 2 (A) A LOCAL JURISDICTION SHALL APPROVE OR DENY A COMPLETE 3 APPLICATION FOR A ZONING USE PERMIT FOR AN ACCESSORY DWELLING UNIT 4 WITHIN 90 DAYS AFTER RECEIPT BY THE AGENCY RESPONSIBLE FOR MAKING 5 ZONING DECISIONS. 6 (B) APPROVAL OF A COMPLETE APPLICATION UNDER THIS SECTION SHALL 7 BE PERFORMED IN A MINISTERIAL MANNER. 8 (C) IF AN APPLICANT REQUESTS A DELAY IN THE REVIEW OF AN 9 APPLICATION, THE 90–DAY REVIEW PERIOD REQUIRED UNDER SUBSECTION (A) OF 10 THIS SECTION SHALL BE TOLLED FOR THE DURATION OF THE DELAY. 11 (D) THIS SECTION MAY NOT BE CONSTRUED TO ALTER THE APPELLATE OR 12 JUDICIAL REVIEW PROCESSES FOR A ZONING USE PERMIT APPLICATION FOR AN 13 ACCESSORY DWELLING UNIT. 14 4–506. 15 (A) A LOCAL JURISDICTION MAY NOT CHARGE A DEVELOPMENT IMPACT 16 FEE OR A BUILDING EXCISE TAX ON AN ACCESSORY DWELLING UNIT WITH A TOTAL 17 SQUARE FOOTAGE OF LESS THAN 750 SQUARE FEET. 18 (B) A LOCAL JURISDICTION MAY CHARGE A DEVELOPMENT IMPACT FEE OR 19 A BUILDING EXCISE TAX FOR THE DEVELOPMENT OF AN ACCESSORY DWELLING UNIT 20 THAT IS AT LEAST 750 SQUARE FEET IF THE IMPACT FEE OR BUILDING EXCISE TAX 21 IS: 22 (1) ASSESSED PROPORTIONATELY IN RELATION TO THE SQUARE 23 FOOTAGE OF THE PRIMARY DWELLING UNIT; AND 24 (2) SET AT AN AMOUNT THAT DOES NOT CREATE A DE FACTO 25 PROHIBITION ON THE CONSTRUCTION OF THE ACCESSORY DWELLING UNIT. 26 (C) A LOCAL JURISDICTION MAY ESTABLISH A PROCESS BY WHICH AN 27 IMPACT FEE OR BUILDING EXCISE TAX CHARGED UNDER THIS SECTION MAY BE 28 WAIVED OR REDUCED. 29 4–507. SENATE BILL 891 9 1 (A) (1) THIS SUBSECTION DOES NOT APPLY TO AN ACCESSORY DWELLING 2 UNIT THAT IS DEVELOPED IN CONJUNCTION WITH A NEW OR SUBSTANTIALLY 3 RENOVATED PRIMARY DWELLING UNIT. 4 (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, A UTILITY 5 MAY NOT REQUIRE THE USE OF A SEPARATE CONNECTION BETWEEN AN ACCESSORY 6 DWELLING UNIT AND THE WATER OR SEWER MAIN IF THE EXISTING CONNECTION 7 BETWEEN THE PRIMARY DWELLING UNIT AND THE WATER OR SEWER MAIN IS 8 DETERMINED TO BE SUFFICIENT TO SUPPORT THE ADDITION OF THE ACCESSORY 9 DWELLING UNIT. 10 (3) A LOCAL JURISDICTION MAY ESTABLISH CRITERIA UNDER WHICH 11 A UTILITY IS AUTHORIZED TO REQUIRE THE USE OF A SEPARATE CONNECTION 12 BETWEEN AN ACCESSORY DWELLING UNIT AND THE WATER OR SEWER MAIN. 13 (B) IF AN ACCESSORY DWELLING UNIT IS INTEGRATED INTO THE EXISTING 14 CONNECTION BETWEEN THE PRIMARY DWELLING UNIT AND THE WATER OR SEWER 15 MAIN, A UTILITY MAY NOT CHARGE A CONNECTION FEE ASSOCIATED WITH THE 16 INTEGRATION OF THE ACCESSORY DWELLING UNIT. 17 (C) A PERSON DEVELOPING AN ACCESSORY DWELLING UNIT MAY ELECT TO 18 USE A METER THAT IS SHARED WITH THE PRIMARY DWELLING UNIT TO TRACK THE 19 DELIVERY OF WATER FROM A UTILITY. 20 10–103. 21 (a) Except as provided in this section, this division does not apply to Baltimore 22 City. 23 (b) The following provisions of this division apply to Baltimore City: 24 (17) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNITS); 25 [(17)] (18) § 5–102(d) (Subdivision regulations – Burial sites); 26 [(18)] (19) Title 7, Subtitle 1 (Development Mechanisms); 27 [(19)] (20) Title 7, Subtitle 2 (Transfer of Development Rights); 28 [(20)] (21) Title 7, Subtitle 3 (Development Rights and Responsibilities 29 Agreements); 30 [(21)] (22) Title 7, Subtitle 4 (Inclusionary Zoning); 10 SENATE BILL 891 1 [(22)] (23) Title 7, Subtitle 5 (Housing Expansion and Affordability); and 2 [(23)] (24) Title 11, Subtitle 2 (Civil Penalty). 3 Article – Real Property 4 2–126. 5 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 6 INDICATED. 7 (2) “ACCESSORY DWELLING UNIT” HAS THE MEANING STATED IN § 8 4–501 OF THE LAND USE ARTICLE. 9 (3) “RESTRICTION ON USE” INCLUDES ANY COVENANT, 10 RESTRICTION, OR CONDITION CONTAINED IN: 11 (I) A DEED; 12 (II) A DECLARATION; 13 (III) A CONTRACT; 14 (IV) THE BYLAWS OR RULES OF A HOMEOWNERS ASSOCIATION; 15 (V) A SECURITY INSTRUMENT; OR 16 (VI) ANY OTHER INSTRUMENT AFFECTING: 17 1. THE TRANSFER OR SALE OF REAL PROPERTY; OR 18 2. ANY OTHER INTEREST IN REAL PROPERTY. 19 (B) (1) IF A PROPERTY OWNER HAS THE EXCLUSIVE RIGHT TO USE THE 20 PROPERTY AND ABIDES BY ALL APPLICABLE LAWS AND REGULATIONS, A 21 RESTRICTION ON USE REGARDING LAND USE MAY NOT IMPOSE OR ACT TO IMPOSE 22 AN UNREASONABLE LIMITATION ON THE ABILITY OF THE PROPERTY OWNER TO 23 DEVELOP AN ACCESSORY DWELLING UNIT ON A PROPERTY ZONED FOR 24 SINGLE–FAMILY RESIDENTIAL USE. 25 (2) FOR THE PURPOSE OF PARAGRAPH (1) OF THIS SUBSECTION, AN 26 UNREASONABLE LIMITATION INCLUDES A LIMITATION THAT: SENATE BILL 891 11 1 (I) SIGNIFICANTLY INCREASES THE COST OF DEVELOPING AN 2 ACCESSORY DWELLING UNIT; OR 3 (II) PROHIBITS, EITHER EXPLICITLY OR BY EFFECT OF THE 4 RESTRICTIONS, THE DEVELOPMENT OF AN ACCESSORY DWELLING UNIT. 5 (C) THIS SECTION DOES NOT APPLY TO A RESTRICTION ON USE ON HISTORIC 6 PROPERTY THAT IS LISTED IN OR DETERMINED BY THE DIRECTOR OF THE 7 MARYLAND HISTORICAL TRUST TO BE ELIGIBLE FOR INCLUSION IN THE MARYLAND 8 REGISTER OF HISTORIC PROPERTIES. 9 11B–101. 10 (a) In this title the following words have the meanings indicated, unless the 11 context requires otherwise. 12 (A–1) “ACCESSORY DWELLING UNIT” HAS THE MEANING STATED IN § 4–501 OF 13 THE LAND USE ARTICLE. 14 11B–111.11. 15 NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR ANY PROVISION IN 16 THE DECLARATION, BYLAWS, RULES, DEEDS, AGREEMENTS, OR RECORDED 17 COVENANTS OR RESTRICTIONS OF A HOMEOWNERS ASSOCIATION, THE GOVERNING 18 BODY OF A HOMEOWNERS ASSOCIATION HAS THE AUTHORITY TO TREAT AN 19 ACCESSORY DWELLING UNIT AS A SEPARATE LOT FOR PURPOSES OF VOTING ON A 20 HOMEOWNERS ASSOCIATION MATTER. 21 11B–117. 22 (a) (1) As provided in the declaration, a lot owner shall be liable for all 23 homeowners association assessments and charges that come due during the time that the 24 lot owner owns the lot. 25 (2) [The] NOTWITHSTANDING ANY PROVISION OF THE DECLARATION, 26 ARTICLES OF INCORPORATION, OR BYLAWS RESTRICTING ASSESSMENT INCREASES, 27 CAPPING THE ASSESSMENT THAT MAY BE LEVIED IN A FISCAL YEAR, OR LIMITING 28 ASSESSMENTS TO EACH LOT, THE governing body of a homeowners association has the 29 authority to [increase]: 30 (I) INCREASE an assessment levied to cover the reserve funding 31 amount required under § 11B–112.3 of this title[, notwithstanding any provision of the 32 declaration, articles of incorporation, or bylaws restricting assessment increases or capping 33 the assessment that may be levied in a fiscal year]; AND 12 SENATE BILL 891 1 (II) TREAT AN ACCESSORY DWELLING UNIT AS A SEPARATE LOT 2 FOR PURPOSES OF LEVYING ASSESSMENTS. 3 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 October 1, 2025. February 11, 2025 Mr. Brandon Davis Davis, Moore, Shearon & Associates, LLC P.O. Box 80 Centreville, MD 21617 RE: Queen Anne’s County MD 213 Hillside Liquors SHA Tracking No. **apqa***xx Mile Point: *.** Dear Mr. Davis: SHA concurs with the proposal for this proposed project to use the existing commercial entrance with no planned upgrades to the existing entrance and concludes that the proposed entrance does not create a safety hazard or adversely impact traffic on MD rt. 213. SHA access management will continue to work with the town and the design engineering firm to ensure all procedures and SHA standards are adhered to if any construction is to be performed within SHA Right of Way. Additionally, SHA is aware of the potential request from the Town of Centreville to install a pedestrian walking path from the MD Rt. 213 sidewalk to an easement located on the property at 425 S. Commerce Street to the east. SHA will work with the Town in the future to provide access from the sidewalk to the easement should the Town wish to move forward with that project. If you have any questions or require additional information, please contact Mr. Dierker at 410-810-3244, by using our toll-free number (in Maryland only) at 1-800-637-9740, or via hdierker@mdot.maryland.gov. Sincerely, Henry R. Dierker III Access Permits Regional Engineer 615 Morgnec Road, Chestertown MD 21620 | 410.778.3061 | 1.800.637.9740 | Maryland Relay TTY 800.735.2258 | roads.maryland.gov Brandon Davis From: Clifford Matthews <cmatthews@townofcentreville.org> Sent: Friday, September 13, 2024 7:51 AM To: Brandon Davis Cc: Carolyn Brinkley; Betty Jean Hall; Stacey Dahlstrom; Michael Whitehill; Brendan S. Mullaney (bmullaney@mdswlaw.com); Ricky Khalar; svanemburgh@ewingdietz.com; Jo Anne Baker-Gebelein (joanne@torchioarchitects.com); Gregory D. Torchio (greg@torchioarchitects.com) Subject: RE: Hillside Liquors EDUs Sorry Brandon. Thought I had reply. Yes, 7 EDU’s is what I calculated, and your project won’t need to worry about the moratorium. Hope you have a good day and great weekend. Kip Cli(cid:431)ord (Kip) Matthews Town of Centreville Public Works Director 443-262-4602 (O(cid:431)ice) 443-480-0783 (Mobile) cmatthews@townofcentreville.org From: Brandon Davis <bdavis@dmsandassociates.com> Sent: Thursday, September 12, 2024 1:14 PM To: Clifford Matthews <cmatthews@townofcentreville.org> Cc: Carolyn Brinkley <cbrinkley@townofcentreville.org>; Betty Jean Hall <bjhall@townofcentreville.org>; Stacey Dahlstrom <s.dahlstrom@epr-pc.com>; Michael Whitehill <michael@whitehillconsultingllc.com>; Brendan S. Mullaney (bmullaney@mdswlaw.com) <bmullaney@mdswlaw.com>; Ricky Khalar <thekhalargroup@gmail.com>; svanemburgh@ewingdietz.com; Jo Anne Baker-Gebelein (joanne@torchioarchitects.com) <joanne@torchioarchitects.com>; Gregory D. Torchio (greg@torchioarchitects.com) <greg@torchioarchitects.com> Subject: RE: Hillside Liquors EDUs Good Afternoon Kip, I was hoping to follow up on this Hillside EDU question. Thank you for your time, Brandon Brandon A. Davis, P.E. Davis, Moore, Shearon, & Associates, LLC E: bdavis@dmsandassociates.com P: (443) 262-9130, F: (443) 262-9148 http://dmsandassociates.com/ 1 From: Brandon Davis Sent: Friday, September 6, 2024 10:52 AM To: Clifford Matthews <cmatthews@townofcentreville.org> Cc: Carolyn Brinkley - Town of Centreville (cbrinkley@townofcentreville.org) <cbrinkley@townofcentreville.org>; 'Betty Jean Hall' <bjhall@townofcentreville.org>; 'Stacey Dahlstrom' <s.dahlstrom@epr-pc.com>; 'Michael Whitehill' <michael@whitehillconsultingllc.com>; Brendan S. Mullaney (bmullaney@mdswlaw.com) <bmullaney@mdswlaw.com>; 'Ricky Khalar' <thekhalargroup@gmail.com>; 'svanemburgh@ewingdietz.com' <svanemburgh@ewingdietz.com>; Jo Anne Baker-Gebelein (joanne@torchioarchitects.com) <joanne@torchioarchitects.com>; Gregory D. Torchio (greg@torchioarchitects.com) <greg@torchioarchitects.com> Subject: Hillside Liquors EDUs Good Morning Kip, I accidently sent this email to Kip Provonche from SHA first. He was nice enough to let me know of my mistake, so let me try this again, haha… We had a meeting earlier this week on some zoning and planning comments and items with sta(cid:431). They provided us the heads up that any project needing more than 7 EDUs will be in the sewer moratorium category. The project’s current proposal includes 6-2 bedroom apartment units in the 2nd story. Each unit is approximately 25’x36’. There are two stair towers that are each approximately 19’x8’. The first floor is 6,048 s.f. of the liquor store retail use. Of that 6,048 s.f., approximately 1,218 s.f. is back storage and o(cid:431)ice area with a bathroom. No public restroom will be o(cid:431)ered. No food prep or deli is proposed. We are hoping to confirm we are 7 EDUs or less based on the current architectural proposal which I have attached. Please let me know if you need any additional information or have any questions to assist with determining EDU’s. Thank you for your time and have a great weekend, Brandon Brandon A. Davis, P.E. Project Engineer Davis, Moore, Shearon, & Associates, LLC P.O. Box 80, Centreville, MD 21617 E: bdavis@dmsandassociates.com Office: (443) 262-9130 Fax: (443) 262-9148 2 SOUTHWEST VIEW WEST SIDE VIEW SOUTHEAST VIEW NORTHWEST VIEW 0022 :: HILLSIDE LIQUORS :: SCHEMATIC DESIGN :: JANUARY 3, 2025 :: 205 E. Water Street, Suite A, Centreville, Maryland 21617 - 410.758.1000 COPYRIGHT TORCHIO ARCHITECTS, INC. 2025 SOUTHEAST VIEW OF ROOF DECK ROOF DECK VIEW ROOF DECK VIEW SOUTHWEST CORNER DETAIL VIEW 0033 :: HILLSIDE LIQUORS :: SCHEMATIC DESIGN :: JANUARY 3, 2025 :: 205 E. Water Street, Suite A, Centreville, Maryland 21617 - 410.758.1000 COPYRIGHT TORCHIO ARCHITECTS, INC. 2025 WEST ELEVATION SOUTH ELEVATION SCALE: 1/8"=1'-0" SCALE: 1/8"=1'-0" EAST ELEVATION NORTH ELEVATION SCALE: 1/8"=1'-0" SCALE: 1/8"=1'-0" 0044 :: HILLSIDE LIQUORS :: SCHEMATIC DESIGN :: JANUARY 3, 2025 :: 205 E. Water Street, Suite A, Centreville, Maryland 21617 - 410.758.1000 COPYRIGHT TORCHIO ARCHITECTS, INC. 2025 FOOR DEPOLS FO .TH NAEM -/+ "01 '13 -/+ "9 '63 STAIR TOWER MAY EXCEED 35' HEIGHT LIMIT BY 25% = 43'-9" (170-34) MATERIALS BRICK VENEER ARCHITECTURAL ALUMINUM SIDING PANELS WITH CONCEALED FASTENERS ALUMINUM STOREFRONT CLAD WOOD WINDOWS CONCRETE FOUNDATION GALVANIZED STEEL RAILINGS ALUMINUM CLAD FASCIA, CORNICE ALUMINUM LOUVERED GRILLES AT FOUNDATION ALUMINUM DOWNSPOUTS AND SCUPPERS INTERNALLY-LIT BOX LETTER SIGN BACK-LIT LOGO SIGNS DATE: 3 January 2025 PROJECT: Hillside Liquor Store and Apartments CENTREVILLE DESIGN STANDARDS COMPLIANCE CHECKLIST 4. COMMERCIAL A. PARKING 1. Location of Parking Lot The parking is located on the side and rear of the building. 2. Drive-thru Business Not applicable. 3. Parking Lot Circulation The vehicular circulation is arranged in a one-way, counterclockwise direction around the building. The parking and circulation are designed to accommodate both car traffic and truck deliveries. The layout allows for deliveries by semi-trailer trucks, which are the usual delivery vehicles to the liquor store. The trucks can park in the drive isle toward the rear so not to interfere with car traffic. 4. Parking Lot Landscaping As indicated, there are several landscape islands the reduce the visual impact of the parking lot. 5. Parking Lot Screening The parking lot is not adjacent to a public way. 6. Pedestrian Walkways through Parking Lots There is a sidewalk the entire length of the parking area on the building side providing access to the building, both the store and the upper-level apartments. 7. Mass Transit Bus Drop Off / Pick Up Area None provided. B. SIDEWALK AND PEDESTRIAN 1. Connections The street sidewalks are connected to the building sidewalks via a walk on the south side of the entrance drive that crosses over the entrance drive and connects to the sidewalk at the southwest corner of the building. C. STRUCTURES 1. Prominent Entrance The facade that faces the street has a covered porch and large storefront glazing and an entrance to both the liquor store and the apartments. There is a second building entrance on the southside of the building which is visible from both the view from north-bound traffic on 213 and from the parking lot. The large canopy covering both entries and elevated walkways (A), along with the large storefront opening and decorative light fixtures (B) and prominently located signs (C) all contribute to the prominence of the entries. 2. Massing As outlined below, the building has been designed to have a distinct base, middle and top. 3. Ground Level Details Brick belt course (b), brick pilasters (c), projecting sills (e), porches (i), canopy columns (c), decorative metal panels (k), large storefront windows and metal louvers concealing the foundation piers (k) are all elements incorporated in the ground level and lend to the base, middle, top delineation and desired pedestrian scale. 4. Screening Blank Walls The north wall does not face a street, but it is visible from Commerce Street. Due to the requirement inside the liquor store for an entire wall length walk-in cooler, the north side of the building on the lower level is devoid of fenestration. The entire wall is faced with brick (a) and is divided vertically with belt coursed of brick at the base (c), second floor (c) and cornice (d). The base is also divided into bays that are accentuated by the louvered openings and above with window sized recesses with projecting sills and heads that mimic the second story DATE: 3 January 2025 window openings alternated with larger areas of decorative metal (i & k). There is also buffer planting and a 6’ privacy fence proposed along PROJECT: Hillside Liquor Store and Apartments the north property line on that side. CENTREVILLE DESIGN STANDARDS COMPLIANCE CHECKLIST 4. COMMERCIAL 5. Plazas, Courtyards, and Seating Areas 14' 5" A 735 SF roof deck is proposed for the residence of the apartments on A. PARKING the southeast corner of the building. 1. Location of Parking Lot 6. Site Furnishings The parking is located on the side and rear of the building. A bike rack, decorative trash receptacle and picnic area for the apartment residents is proposed. 2. Drive-thru Business 7. Orientation to Streets Not applicable. The site is an unusual shape with the street frontage only wide enough for the site entrance which limits the building from being any closer to the street. 3. Parking Lot Circulation The vehicular circulation is arranged in a one-way, counterclockwise direction around the building. The parking and circulation are 8. Setbacks designed to accommodate both car traffic and truck deliveries. The layout allows for deliveries by semi-trailer trucks, which are the The street side of the property is mostly taken up by the entry drive usual delivery vehicles to the liquor store. The trucks can park in and there is no additional space for pedestrian areas. the drive isle toward the rear so not to interfere with car traffic. 9. Weather Protection 4. Parking Lot Landscaping All building entrances are covered with ample canopies. As indicated, there are several landscape islands the reduce the visual impact of the parking lot. 10.Roofline Expression The street facing end of the building has a gable roof over the 5. Parking Lot Screening projecting enclosed stair facing the street and a larger gable roof The parking lot is not adjacent to a public way. parallel to the street over the first bay of the building. The flat roof portion is concealed with a sloping mansard roof and parapet wall. The front facing gable is capped with projecting brick rowlock courses, a cast-stone cap and aluminum coping. The walls on the eave sides is 6. Pedestrian Walkways through Parking Lots capped with a projecting brick soldier course and the eaves are There is a sidewalk the entire length of the parking area on the building trimmed with aluminum fascia and gutter. side providing access to the building, both the store and the upper-level apartments. 11.Concealing Rooftop Equipment All outdoor mechanical equipment will be located on the roof and will be 7. Mass Transit Bus Drop Off / Pick Up Area concealed with a 5’ high parapet wall. Due to the flood way, no None provided. equipment can be located at grade. A roof deck for the apartment residence is also concealed by the same parapet wall. B. SIDEWALK AND PEDESTRIAN 12.Expression of Entrances to Large Commercial Developments Not applicable. 1. Connections The street sidewalks are connected to the building sidewalks via a walk on the south side of the entrance drive that crosses over the entrance D. LIGHTING drive and connects to the sidewalk at the southwest corner of the building. 1. Parking areas, travel lanes and sidewalks are illuminated by a combination of pole and building mounted LED, full-cutoff lights, and decorative LED fixtures mounted on the underside of the canopies. C. STRUCTURES 2. The height of the pole lights and building mounted lights is 12’. 3. A Site Lighting Plan and lighting fixture cut-sheets are provided. 1. Prominent Entrance 4. All site lighting is dark sky compliant. The facade that faces the street has a covered porch and large storefront glazing and an entrance to both the liquor store and the E. SERVICE AREAS apartments. There is a second building entrance on the southside of the building which is visible from both the view from north-bound traffic on 213 and from the parking lot. The large canopy covering both entries and elevated walkways (A), along with the large storefront 1. Screening of Trash and Service Areas opening and decorative light fixtures (B) and prominently located signs The proposed trash area will be enclosed on three sides with a 6’ high (C) all contribute to the prominence of the entries. brick wall that will match the building brick. The service side will be enclosed with two 6’ high chain-link gates with vertical privacy slats. 2. Massing As outlined below, the building has been designed to have a distinct base, middle and top. 3. Ground Level Details Brick belt course (b), brick pilasters (c), projecting sills (e), porches (i), canopy columns (c), decorative metal panels (k), large storefront windows and metal louvers concealing the foundation piers (k) are all elements incorporated in the ground level and lend to the base, middle, top delineation and desired pedestrian scale. 4. Screening Blank Walls The north wall does not face a street, but it is visible from Commerce Street. Due to the requirement inside the liquor store for an entire wall length walk-in cooler, the north side of the building on the lower level is devoid of fenestration. The entire wall is faced with brick (a) and is divided vertically with belt coursed of brick at the base (c), second floor (c) and cornice (d). The base is also divided into bays that are accentuated by the louvered openings and above with window sized recesses with projecting sills and heads that mimic the second story window openings alternated with larger areas of decorative metal (i & k). There is also buffer planting and a 6’ privacy fence proposed along the north property line on that side. 5. Plazas, Courtyards, and Seating Areas A 735 SF roof deck is proposed for the residence of the apartments on the southeast corner of the building. 0055 :: HILLSIDE LIQUORS :: SCHEMATIC DESIGN :: JANUARY 3, 2025 :: 6. Site Furnishings 205 E. Water Street, Suite A, Centreville, Maryland 21617 - 410.758.1000 COPYRIGHT TORCHIO ARCHITECTS, INC. 2025 A bike rack, decorative trash receptacle and picnic area for the apartment residents is proposed. 7. Orientation to Streets The site is an unusual shape with the street frontage only wide enough for the site entrance which limits the building from being any closer to the street. 8. Setbacks The street side of the property is mostly taken up by the entry drive and there is no additional space for pedestrian areas. 9. Weather Protection All building entrances are covered with ample canopies. 10.Roofline Expression The street facing end of the building has a gable roof over the projecting enclosed stair facing the street and a larger gable roof parallel to the street over the first bay of the building. The flat roof portion is concealed with a sloping mansard roof and parapet wall. The front facing gable is capped with projecting brick rowlock courses, a cast-stone cap and aluminum coping. The walls on the eave sides is capped with a projecting brick soldier course and the eaves are trimmed with aluminum fascia and gutter. 11.Concealing Rooftop Equipment All outdoor mechanical equipment will be located on the roof and will be concealed with a 5’ high parapet wall. Due to the flood way, no equipment can be located at grade. A roof deck for the apartment residence is also concealed by the same parapet wall. 12.Expression of Entrances to Large Commercial Developments Not applicable. D. LIGHTING 1. Parking areas, travel lanes and sidewalks are illuminated by a combination of pole and building mounted LED, full-cutoff lights, and decorative LED fixtures mounted on the underside of the canopies. 2. The height of the pole lights and building mounted lights is 12’. 3. A Site Lighting Plan and lighting fixture cut-sheets are provided. 4. All site lighting is dark sky compliant. E. SERVICE AREAS 1. Screening of Trash and Service Areas The proposed trash area will be enclosed on three sides with a 6’ high brick wall that will match the building brick. The service side will be enclosed with two 6’ high chain-link gates with vertical privacy slats. "4 '1 "2 '6 5' 2" 1' 10" "01 DESIGN STANDARDS CHECKLIST SIGNAGE SCALE: 3/4"=1'-0" CANOPY MOUNTED SIGN ACRYLIC LETTERS 1 PROPOSED @ 19.2 SF (no lighting) HDPE CUTOUT IMAGE WITH INTERNAL LED BACKLIGHTING ACRYLIC LETTERS WITH INTERNAL LED BACKLIGHTING ALUMINUM NUMBERS SIGNAGE AREA CALCULATIONS HALO-LIT WALL MOUNTED - 2 x 31.9 = 63.8 SF CANOPY MOUNTED - 19.2 SF ADDRESS NUMBERS - 1.5 SF TOTAL - 84.5 SF CODE ALLOWS 32 SF MAX. PER SIGN WALL MOUNTED ADDRESS 100 SF MAX. TOTAL HALO-LIT WALL MOUNTED SIGNS 1 PROPOSED @ 1.5 SF 2 PROPOSED@ 31.9 SF EACH 0066 :: HILLSIDE LIQUORS :: SCHEMATIC DESIGN :: JANUARY 3, 2025 :: 205 E. Water Street, Suite A, Centreville, Maryland 21617 - 410.758.1000 COPYRIGHT TORCHIO ARCHITECTS, INC. 2025 BJE S C1 C3 C3 C1 C1 A A A A A A A B B A A A A A A A A A A DECORATIVE LIGHTING MOUNTED TO UNDERSIDE OF CANOPY C2 C1 C2 C1 C1 BUILDING MOUNTED DOWN LIGHTING PLAN NORTH SITE LIGHTING PLAN SCALE: 1" = 20' LIGHTING FIXTURE SCHEDULE LEGEND TYPE DESCRIPTION MFR. CAT. NO. LAMPS VOLTS QT. MOUNTING 0.1 FOOTCANDLES A VAPORPROOF RAB VX200DG SILVER SCREW-IN LED 120 16 UNDERSIDE OF CANOPY 0.5 FOOTCANDLES B WALL SCONCE LITHONI AWDGE2 LED P3 40K 80 VF MVOLT SRM DBLXD LED MVOLT 2 WALL MOUNT 11’H C1 AREA LITHONI ADSX0 LED P7 40K 70 BLC4 DBLXD LED MVOLT 6 SQ. POLE MOUNT 12’H 1. 0 FOOTCANDLES C2 AREA LITHONI ADSX0 LED P7 40K 70 BLC3 DBLXD LED MVOLT 2 SQ. POLE MOUNT 12’H C3 AREA LITHONI ADSX0 LED P7 40K 70 T2M DBLXD LED MVOLT 2 WALL MOUNT 12’H POLE AND BUILDING MOUNTED PARKING LOT LIGHTING EXTERIOR LIGHT FIXTURES TOWN COUNCIL OF CENTREVILLE ORDINANCE NO. 01-2025 AN ORDINANCE OF THE TOWN COUNCIL OF CENTREVILLE TO AMEND CHAPTER 158 VEHICLES, NON-SELF PROPELLED WHEREAS, the Town Council of Centreville is authorized by § 5-202 of the Local Government Article of the Annotated Code of Maryland to adopt ordinances to protect the health, comfort, and convenience of residents of the Town of Centreville; and WHEREAS, Section 804.B.40 of the Charter of the Town of Centreville authorizes the Town Council to adopt Code provisions to remove nuisances and obstructions from the streets, lanes, and alleys and from lots adjoining thereto, or any other places within the limits of the Town; and WHEREAS, the Town Council believes that it is in the best interests of the citizens of Centreville to amend Chapter 158 of the Town Code regarding Vehicles, Non-Self Propelled. NOW, THEREFORE, BE IT ORDAINED by the Town Council of Centreville: Section 1. Chapter 158 of the Town Code is renamed Vehicles, Recreational And Utility Trailers Section 2. Chapter 158 of the Town Code is hereby amended as follows: 158-1 Definitions Recreational Vehicle or Trailer means a vehicular type portable structure or trailer designed for recreational, camping, living accommodations or other travel use which either has its own motor power and/or is mounted on or towed by another vehicle. These include, but are not limited to motor homes, truck campers, camping trailers, or trailers to carry boats, cars, animals, motorcycles or other off-road vehicles. 158-1 2 Stopping, Standing and Parking On Public Property Prohibited It shall be unlawful to stop, stand or park any non-self-propelled recreational vehicle or trailer while said vehicle is not attached to a motor vehicle, on any streets, alleys, or lanes or other public property within the Town of Centreville, except during the loading or unloading of such recreational vehicle or trailer when such loading or unloading is completed within forty-eight (48) hours of such parking. A non-self-propelled vehicle shall include, but is not limited to, any trailer, including boat trailers, house trailers, utility trailers, livestock trailers, carriage, sleds, buggies or other type of vehicle normally towed behind a motor vehicle, horse, oxen or other similar type of beast of burden. However, this chapter shall not apply to any carriage, sled, or buggy parked on any streets, alleys, or lanes within the Town of Centreville while the said carriage, bled or buggy is attached to said beast of burden. 158-3 Parking on Private Property An owner or occupant of a residential structure may store a recreational vehicle, or trailer owned by the property owner or occupant on their property provided that: A. If stored in the front yard of the property, the recreational vehicle or trailer shall be parked on the driveway or driveway apron; B. If stored in the side or rear yard of the property, the recreational vehicle or trailer shall be visually screened from the neighboring property or public right of way with landscaping or fencing, unless the property owner on that side gives written consent for no screening; C. The recreational vehicle or trailer is operable and is currently registered in the home state of the owner or occupant of the property; D. No occupancy, either temporary or permanent, of a recreational vehicle or trailer shall be permitted; and E. If the owner or occupant of a private residential structure permits a guest or invitee to park a recreational vehicle or trailer in violation of this Section, then both the owner of the recreational vehicle or trailer and the owner or occupant of the property shall be in violation of this chapter. There shall be a presumption of knowledge and permission of the owner or occupant of the private residential structure if there is a recreational vehicle or trailer parked in violation of this Section by a guest or invitee of the owner or occupant. 158-2 4 Violations And Penalties A. Any person, firm or corporation violating any of the provisions of this chapter shall receive a citation, either in person or by having same placed in a conspicuous place on the vehicle, which he, she or it was using at the time of the violation of said provisions, to appear before the District Court of Queen Anne’s County, to answer a charge of violating the provisions of this chapter; provided, however, that if the person, firm or corporation may appear at the Town Office of the Town of Centreville within the times and dates designated by Article I of Chapter 154, Vehicles and Traffic, and pay the fine or fines set forth in § 1-14.B.5.a of the Town Code; the payment of such fine, shall have the effect of dismissing the citation. B. In any prosecution charging a violation of this chapter, proof that the particular vehicle described in the summons was parked in violation of the chapter, together with proof that the defendant named in the summons was at the time of such parking or other unlawful act the registered owner of such vehicle, shall constitute prima facie presumption that the registered owner of such vehicle was the person who parked and placed vehicle at the point, and for the time during which such violation occurred. 158-3 5 Presumption of Vehicle Ownership In any prosecution charging a violation of this chapter, proof that the particular non-self-propelled vehicle recreational vehicle or trailer described in the summons was parked in violation of the chapter, together with proof that the defendant named in the summons was at the time of such parking or other unlawful act the owner, whether registered or otherwise, of any such non-self-propelled vehicle recreational vehicle or trailer, shall constitute a prima facie presumption that the owner, whether registered or otherwise, of any such non-self-propelled vehicle recreational vehicle or trailer was the person who parked or placed such non-self-propelled vehicle recreational vehicle or trailer at the point where such violation occurred. (Language to be deleted from the existing Ordinance is indicated in strikethrough format and language to added is indicated by bold italics underlined text) Section 3. If any section, clause, paragraph, sentence or phrase of the Ordinance or the application thereof to any person, property, or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, the invalidity or unconstitutionality shall in no way affect other provisions or any other application of this Ordinance which can be given effect without the invalid or unconstitutional provision or application, and for this purpose the provisions of this Ordinance are declared severable. Section 4. This Ordinance shall become effective twenty (20) days after its enactment. ATTEST: THE TOWN COUNCIL OF CENTREVILLE ____________________________________ R. Gaye Adams Ashley Heffernan Kaiser, Esq., President Town Clerk _____________________________________ First Reading: Jeffrey D. Kiel, Vice President Second Reading: Enacted: Effective: _____________________________________ Daniel B. Worth, Member _____________________________________ Jim A. Beauchamp, Member ______________________________________ Sandra Lee Huffer, Member TOWN COUNCIL OF CENTREVILLE ORDINANCE 02-2025 AN ORDINANCE OF THE TOWN COUNCIL OF CENTREVILLE EXTENDING THE TEMPORARY MORATORIUM FOR AN ADDITIONAL PERIOD OF SIX (6) MONTHS ON THE APPLICATION FOR, APPROVAL OF, CONSTRUCTION OF, EXPANSION OF, PROCESSING OF, OR ISSUANCE OF BUILDING PERMITS FOR ANY SUBDIVISION, SITE PLAN, OR BUILDING PERMIT APPLICATION FOR ANY RESIDENTIAL OR MIXED-USE PROJECT WHERE THE ANTICIPATED EQUIVALENT DWELLING UNITS (EDUS) EXCEED SEVEN (7) EDUS FOR THE TOTAL PROJECT PENDING CONSIDERATION AND ADOPTION OF REVISED ZONING ORDINANCE PROVISIONS AS THE TOWN COUNCIL MAY CONSIDER ADVISABLE AND TO ADOPT AN UPDATED CAPACITY MANAGEMENT PLAN AND SEWER ALLOCATION POLICY WHEREAS, the Town Council of Centreville has the authority under Section 5-213 of the Local Government Article of the Annotated Code of Maryland, to enact and administer a zoning ordinance, which is Chapter 170 of the Centreville Town Code; WHEREAS, Section 4-102(6) of the Land Use Article of the Annotated Code of Maryland authorizes the Town Council of Centreville to develop and adopt zoning restrictions to promote the health, safety, morals or general welfare of the community, including the location and use of buildings, signs and structures on the land; WHEREAS, by Ordinance 08-2024 effective October 9, 2024, the Town Council of Centreville enacted a six (6) month moratorium on the application for, approval or, construction of, expansion of, processing of, or issuance of building permits for any subdivision, site plan, or building permit application for any residential or mixed-use project where the anticipated equivalent dwelling units (EDUs) exceed seven (7) EDUs for the total project pending consideration and adoption of revised zoning ordinance provisions as the Town Council may consider advisable and to adopt an updated capacity management plan and sewer allocation policy; WHEREAS, the Planning Commission has been diligently working on the zoning changes but needs additional time to finalize their recommendation, and the Town Council then needs the time to have the required public hearing and adopt a zoning text amendment and have the ordinance become effective; WHEREAS, the Town Council of Centreville wishes to extend the moratorium for an additional six (6) months in order to receive and consider the recommendation of the Planning Commission and adopt a zoning text amendment; and WHEREAS, the Centreville Planning and Zoning Commission considered the matter at its _____________ 2025 meeting and has recommended that the Town Council approve this Ordinance. NOW, THEREFORE, be it ordained by the Town Council of Centreville: Section 1. The recitals set forth above are incorporated herein by reference and made a part of this Ordinance. Section 2. The moratorium on the application for, consideration of, approval of, construction of, expansion of, processing of, or issuance of permits for any subdivision, site plan, or building permit application for residential and mixed-use projects where the anticipated equivalent dwelling units (EDUs) exceed seven (7) EDUs, is hereby extended for a period of an additional six (6) months. Section 3. During the moratorium, the Town (including the Town Planner’s office, the Building Department, the Planning and Zoning Commission, the Board of Appeals, the Town staff, and the Town Council) shall not process, consider, review, or approve any application, permit, or other approval under the Town Zoning Ordinance for any subdivision, site plan, or building permit application for a residential or mixed-use project where the anticipated EDUs exceed seven (7) EDUs. Section 4. The moratorium shall apply to applications currently pending before the Town, as well as, applications filed after the effective date of this Ordinance. However, it does not apply to any application as of the effective date of this Ordinance that has received subdivision approval, site plan approval, and/or a building permit and which has already been approved for allocations by the Town Council. Section 5. This moratorium is adopted to allow sufficient time for the Town to accomplish the following: a. Receive public input, specifically to have the Planning Commission review this issue and provide recommendations; b. Consider any revisions to the Zoning Ordinance; c. Update the Capacity Management Plan and Sewer Allocation Policy; and d. Consider all such other matters as the Town Council, Planning and Zoning Commission, and Town staff deem appropriate. Section 6. The Town Council shall have and reserves the right to extend or modify this moratorium for such additional period or periods and on such terms and conditions as it deems necessary for the health, safety and welfare of the citizens of the Town of Centreville. Section 7. If any section, subsection, sentence, clause or phrase of this ordinance or of the codes hereby adopted are, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or those codes. Section 8. This Ordinance shall become effective twenty (20) days after its enactment. ATTEST: THE TOWN COUNCIL OF CENTREVILLE ____________________________________ R. Gaye Adams Ashley Heffernan Kaiser, Esq., President Town Clerk _____________________________________ First Reading: Jeffrey D. Kiel, Vice President Second Reading: Enacted: Effective: _____________________________________ Daniel B. Worth, Member _____________________________________ Jim A. Beauchamp, Member ______________________________________ Sandra Lee Huffer, Member THE TOWN OF CENTREVILLE 101 LAWYERS ROW CENTREVILLE, MD 21617 410-758-1180 FAX 410-758-4741 WWW.TOWNOFCENTREVILLE.ORG MEMO DATE: February 13, 2025 TO: Carolyn Brinkley, Town Manager FROM: Clifford Matthews Jr, Public Works Director RE: Request to make the South end of Homewood Avenue one way The resident at 106 Belvedere Avenue has requested the Councils’ consideration to make the South end of Homewood Avenue one way from Windsor Avenue to Belvedere Avenue in said direction (please see attached diagram). This end of Homewood Avenue is very narrow and if two vehicles meet, one of them must yield and back out to Belvedere Avenue or Windsor Avenue. Another problem encountered at this location is large trucks such as garbage/recycle trucks and delivery trucks trying to turn from Belvedere Avenue on to Homewood Avenue have been running into the side yard of both 106 and 202 Belvedere Avenue depending on the direction of travel from Belvedere Avenue. This area is also used by parents leaving Centreville Elementary School to come out to the less congested area of Chesterfield / West Water Street. The one-way travel will also eliminate the head on traffic during this dismissal time. Public Works agrees this would be a good solution to correct these issues and are in favor of this change. Respectfully submitted for your consideration. PROPOSED MOTION: I MAKE A MOTION TO APPROVE CHANGING THE SOUTH END OF HOMEWOOD AVENUE, BETWEEN WINDSOR AVENUE AND BELEVEDERE AVENUE, INTO A ONE-WAY STREET. TOWN COUNCIL OF CENTREVILLE RESOLUTION 01-2025 A RESOLUTION OF THE TOWN COUNCIL OF CENTREVILLE TO AUTHORIZE THE EXECUTION OF A PUBLIC WORKS AGREEMENT WITH CORSICA CREEK COMMONS, LLC AND HILLSIDE LIQUORS AND DELI, LLC WHEREAS, Corsica Creek Commons, LLC owns an unimproved parcel of real property located at 425 S. Commerce Street in Centreville, Maryland and more particularly described in a deed dated December 27, 2007 from John L. Murdoch, II and Sharon T. Murdoch to Owner and recorded among the Land Records of Queen Anne’s County at Liber S.M. 1947, folio 570; WHEREAS, Hillside Liquors and Deli, LLC, a Maryland limited liability company is the contract purchaser of the Property and wishes to develop the Property with a two-story, mixed-use retail and residential structure, containing retail on the first story and six two-bedroom multifamily residential units on the second story (the “Project”); and WHEREAS, Corsica Creek Commons, LLC, Hillside Liquors and Deli, LLC, and the Town wish to enter into a Public Works Agreement to govern the terms and conditions of the construction of the Project, including the installation of the public and private improvements to serve the Project and the provision of public water and sewer to the Project, a copy of which is attached hereto as Exhibit A. NOW THEREFORE, the Town Council of Centreville hereby resolves as follows: Section 1. The recitals set forth above are incorporated herein by reference and made a part of this Resolution; Section 2. The Public Works Agreement attached to this Resolution as Exhibit “A” is hereby approved including the seven (7) water and sewer allocations referenced therein; Section 3. The PWA references Planning Commission site plan approval and approval of engineering plans that have not yet occurred. The PWA may not be executed until the required approvals have been received. The Town Manager may make any non-substantive changes to the attached PWA necessary to effectuate the purpose of this Resolution and to fill in any blanks; Section 4. The Town Manager is hereby authorized to take whatever additional actions are reasonably necessary to effectuate the terms of this Resolution; Section 5. This Resolution shall be effective immediately. READ AND PASSED THIS day of _____________, 2025. BY ORDER: We hereby certify that Resolution Number 01-2025 is true and correct and duly adopted by the Town Council of Centreville, Maryland. ATTEST: THE TOWN COUNCIL OF CENTREVILLE ____________________________________ R. Gaye Adams Ashley Heffernan Kaiser, Esq., President Town Clerk _____________________________________ Jeffrey D. Kiel, Vice President _____________________________________ Daniel B. Worth, Member _____________________________________ Jim A. Beauchamp, Member ______________________________________ Sandra Lee Huffer, Member PUBLIC WORKS AGREEMENT THIS PUBLIC WORKS AGREEMENT (this “Agreement”) is made as of the _____ day of ________________________, 2025 (“Effective Date”) by and between the TOWN COUNCIL OF CENTREVILLE, a municipal corporation of the State of Maryland (the “Town”) CORSICA CREEK COMMONS, LLC, a Maryland limited liability company (the “Owner”), and HILLSIDE LIQUORS AND DELI, LLC (the “Developer”). The Town, Owner, and Developer are each herein a “Party” and collectively, the “Parties”. For the purposes of this Agreement, the term “Owner” shall include the Developer to the extent Developer is responsible pursuant to its contract to purchase the property and later when it becomes the Owner of the property. Recitals WHEREAS, the Owner owns an unimproved parcel of real property located at 425 S. Commerce Street in Centreville, Maryland and more particularly described in a deed dated December 27, 2007 from John L. Murdoch, II and Sharon T. Murdoch to Owner and recorded among the Land Records of Queen Anne’s County (the “Land Records”) at Liber S.M. 1947, folio 570 (the “Property”); WHEREAS, the Property is subject to the “PUBLIC WORKS AGREEMENT FOR CORSICA CREEK COMMONS, LLC CENTREVILLE PLANT SLEEVE FACTORY BUILDING” dated October 15, 2009 and recorded among the Land Records at Liber S.M. 2053, folio 120 (the “2009 PWA”), which was modified by the “AMENDMENT TO THE PUBLIC WORKS AGREEMENT FOR CORSICA CREEK COMMONS, LLC CENTREVILLE PLANT SLEEVE FACTORY BUILDING” dated September 23, 2011 and recorded among the Land Records at Liber S.M. 2053, folio 129 (the “2009 PWA Amendment”); WHEREAS, Hillside Liquors and Deli, LLC, a Maryland limited liability company (“Developer”) is the contract purchaser of the Property and wishes to develop the Property with a two-story, mixed-use retail and residential structure, containing retail on the first story and six two- bedroom multifamily residential units on the second story (the “Project”); WHEREAS, in furtherance of the Project and the proposed development of the Property, the Town and Owner wish to terminate and rescind the 2009 PWA and 2009 PWA Amendment in their entirety and adopt this Agreement; WHEREAS, on ____________, the Town Planning and Zoning Commission (the “Planning Commission”) granted final site plan approval as shown on “_________________” (the “Site Plan”), originally dated ______________ and revised ______________________, and prepared by ____________________________, which such final site plan approval was conditioned upon the Town and the Owner entering into a Public Works Agreement; Page 1 of 16 WHEREAS, the Owner has filed with the Town final engineering specifications prepared by _______________________________ and bearing a final signature date of ________________________, which plans and specifications have been approved by the Town by letter dated _____________ (the “Approved Engineering Plans”); WHEREAS, the Owner has submitted to the Town an estimate of the cost of construction of the public and private improvements necessary to service the Development, which cost estimate has been approved by the Town (the “Approved Cost Estimate”) attached hereto as Exhibit C; and WHEREAS, the Town and Owner desire to establish by this Agreement the terms for the construction of the Project including, among other matters, the provision of public sewer and water to the Project and the installation of the required public and private improvements. NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated into and made a part of this Agreement, and the mutual covenants and agreements set forth below, the Town and the Owner hereby agree as follows: Section 1. Development Standards, Approval of Plans, and Water and Sewer Allocation Fees 1.1 Development Standards. The Development, except for minor alterations approved by the Town due to field conditions, shall be developed pursuant to and in strict accordance with the following: 1. this Agreement; 2. the Approved Final Site Plan 3. the approved construction drawings and specifications and any approved future construction drawings, site plans and specifications (if any); 4. all other applicable provisions of the Town Zoning Ordinance and Subdivision Regulations; 5. the Centreville Town Code 6. all other applicable federal, state, county, and Town laws, statutes, ordinances, codes, resolutions, rules, and regulations. In the event of a conflict between or among any of the above plans or documents, the plan or document that provides the greatest control and protection for the Town, as determined by the Town Manager shall control. All of the above plans and documents shall be interpreted so that the duties and requirements imposed by any one of them are cumulative among all of them. 1.2 Approval of Plans. The execution of this Agreement by the Town does not constitute approval by the Town of a specific plat, plan, or proposal. Page 2 of 16 1.3 Water and Wastewater Allocation Fees. Based on information related to usage provided by the Owner, the Town and the Owner agree that seven (7) allocations are required for the current proposed Development. The Owner shall pay to the Town, a Water Allocation Fee, and a Wastewater Allocation Fee (collectively “the Allocation Fees”) for the Property as follows: Water and Wastewater Allocation Fee $13,774 per allocation Total cost for seven allocations $96,418 In the event that the actual usage is over or underestimated, the Town reserves the right to make the respective adjustment to the water and sewer allocation fee in accordance with the Town’s Water and Sewer Allocation Policy. The usage shall be evaluated two (2) years after an occupancy permit is issued and again annually thereafter until five (5) years after the occupancy permit is issued, except that if the Owner expands the Owner facilities resulting in the need for additional capacity, then the allocation fees shall be adjusted at the time of expansion. The Owner shall also pay all applicable meter and connection fees, the size and price of which has not yet been determined. 1.3.1 Simultaneously with the execution of this Agreement, the Owner has paid a 25% nonrefundable deposit of $24,104.50 for seven (7) allocations for the Development. The remaining balance for the Allocation fees is $72,313.50 and shall be due and payable at the time of the building permit application. The reserved water and sewer allocation shall expire if the related application for the building permit is not received within three years from the Effective Date. All other terms and conditions of the Town Water and Sewer Application Worksheet as attached hereto as Exhibit D and the Town Water and Sewer Allocation Policy shall apply. Section 2. Improvements. 2.1. Improvements Required. The Owner shall construct and install the roads, parking areas, storm water detention and retention facilities, water mains, storm sewers, sanitary sewers, streets, lighting, sidewalks, rough and final grading, trees, sod, seeding and other landscaping, fire protection devices, utilities and all ancillary devices and equipment, and all other improvements to serve the Development (the “Improvements”). The Owner shall be responsible for all costs to construct the Improvements. 2.2. Design and Construction of Improvements. 2.2.1. General Standards. The Improvements shall be designed and constructed pursuant to and in accordance with standards set forth in this Agreement and to the sole satisfaction of the Town. The Owner shall cause all work on the Improvements to be completed in a good and workmanlike manner and with due dispatch. 2.2.2. Contract Term. Prosecution of the Work. The Town shall have the right to request that the Owner file with the Town an executed copy of each contract for work on the Improvements. If any such work is abandoned, or performed in violation of this Agreement or of the contract Page 3 of 16 therefore, then the Owner shall promptly and diligently act to cause the work to be completed properly and within the times for completion established in Subsection 2.3. 2.2.3. Engineering Services. The Owner shall provide, at its expense, all engineering services for the construction of the Improvements. If required by the Town, the Owner shall provide a supervising engineer or other qualified person responsible for overseeing the construction of the Improvements. The Owner shall promptly provide the Town with the name of such person and a telephone number or numbers at which such person can be reached. 2.2.4. Town Inspections and Approvals. The Developer shall notify the agencies providing inspections of Improvements at the appropriate intervals of time. If any such work is performed in violation of this Agreement, then the Developer shall promptly and aggressively act to cause the work to be completed properly. All work on the Improvements shall be subject to inspection and approval by Town representatives at all times. The Town has the right to charge reasonable inspection fees for all inspections and Owner shall pay such charges. 2.2.5. Other Approvals. Where the construction and installation of any Improvements requires the consent, permission or approval of any public agency or private party, the Owner shall promptly file all applications, enter into all agreements, post all security, pay all fees and costs, and otherwise take all steps that may be required to obtain such consent, permission or approval. 2.2.6. Attorney’s Fees. Owner shall be responsible for all reasonable attorney’s fees incurred by the Town with respect to preparing, revising, reviewing or negotiating this Agreement, at a rate of $300 per hour. 2.2.7. Traffic. Owner shall be responsible for managing traffic during construction. 2.3. Schedule for Completion of the Improvements. The Improvements shall be completed by the Owner and made ready for acceptance by the Town (if applicable) pursuant to Subsection 2.4.1. and 2.4.2. in accordance with the schedule or schedules for the completion of the Improvements which shall be subject to approval of the Town. The Town may allow extensions of time beyond the completion dates set forth in the schedule or for unusual weather or for unavoidable delay caused by strikes, lockouts, acts of God, or other factors beyond the control and ability to remedy of the Owner or any agent or contractor hired by, or on behalf of, the Owner. 2.4. Dedication and Maintenance of the Improvements. 2.4.1. Final Inspection and Approval of Improvements. The Owner shall notify the Town when it believes that any of the Improvements have been fully and properly completed and shall request final inspection, approval and, where appropriate, acceptance of the Improvement or Improvements by the Town. Such notice and request shall be accompanied by the “as built” drawings required by Subsection 2.4.4. and by proposed drafts of the documents of title transfer. Such notice and request shall be given far enough in advance of the applicable completion date to allow the Town time to inspect the Improvements and to prepare a punch list of items requiring repair or correction and to allow the Owner time to make all required repairs and corrections prior to the completion date. The Owner shall promptly make all necessary repairs and corrections as specified on the punch list. Page 4 of 16 The Town shall not be required to approve or accept any portion of the Improvements until all of the Improvements, including all punch list items, have been fully and properly completed. 2.4.2. Dedication and Acceptance of Specified Improvements. The Owner shall dedicate to the Town the water, sanitary sewer, storm sewer, streets, and street lighting located in the Development subject to jurisdictional approvals as required. Neither the execution of this Agreement nor the approval or recordation of the Final Plat or any Future Plat shall constitute an acceptance by the Town of any of the Improvements, including without limitation any facilities that are depicted as “dedicated” on the Final Plat of Subdivision. No Improvement shall be accepted by the Town except by a written document, signed by the Town or other duly authorized officer of the Town, specifying with particularity the Improvement or Improvements having been built in compliance with this Agreement. 2.4.3. Owner’s Maintenance of Specified Improvements. The Owner shall, at its sole cost and expense, maintain, in a first-rate condition at all times all Improvements not dedicated to and accepted by the Town, including, all roads, curb and gutter, sidewalks, and storm sewer, and landscaping. 2.4.3.1. In the event the Town determines, in its sole and absolute discretion, that the Owner is not adequately maintaining or has not adequately maintained any Improvement not accepted by the Town for any reason, the Town may, after fifteen (15) days prior written notice to the Owner, but shall not be obligated to, enter upon any or all of the Development for the purpose of performing maintenance work on and to any such Improvement. 2.4.3.2. In the event that the Town shall cause to be performed any work pursuant to this Subsection, the Town shall have the right to charge the Owner, based either on costs actually incurred or on the Town’s reasonable estimates of costs to be incurred, an amount sufficient to defray the entire cost of such work, including administrative costs. The Owner shall, upon demand by the Town, pay such amount to the Town. 2.4.4. Town’s Maintenance of Street Lamps. The Town shall be responsible for the maintenance of and the cost of the utilities attendant to any street lamps located on S. Commerce Street. The street lamps and design of the light fixtures shall be consistent with prior approved streets lights within the Town and approved by the Town, with said street lamps being located between sidewalks and the public roadway. 2.4.5. “As-Built” Drawings and Specifications of the Improvements. The Owner shall, not later than the time it gives the notice of completion and request for acceptance required pursuant to Subsection 2.4.1., provide to the Town one paper copy of “as-built” drawings and specifications for all of the Improvements, one set on the reproducible mylar, and an electronic version of the “as- built” drawings. Such “as-built” drawings and specifications shall depict every Improvement as built and shall include all dimensions, elevations, and calculations necessary to fully describe the Improvements and to establish their compliance with all applicable standards and requirements. 2.4.6. Transfer of Ownership of the Improvements and Easements to the Town. Upon the approval of, and prior to acceptance of, the Improvements to be accepted by the Town, the Owner Page 5 of 16 shall execute, or cause to be executed, such documents as the Town shall request to transfer Ownership of such Improvements to, and to evidence Ownership of such Improvements by, the Town, free and clear of all liens, claims, encumbrances and restrictions unless otherwise approved by the Town in writing, The Owner shall, at the same time, grant to the Town all such easements, access, or other property rights as the Town may require to install, operate, maintain, service, repair and replace the Improvements which have not previously been granted to the Town, free and clear of all liens, claims, encumbrances and restrictions unless otherwise approved by the Town in writing. 2.4.7. Two-Year Guaranty of the Improvements Accepted by the Town. For a period of two (2) years from the date of acceptance of the Improvements by the Town, the Owner hereby guaranties the prompt and satisfactory correction of all defects and deficiencies in the Improvements accepted by the Town, including without limitation landscaping installed by the Owner, that occur or become evident within two years after acceptance of any of the Improvements by the Town. If any such defect or deficiency occurs or becomes evident during such period, then the Owner shall, within ten (10) days after written demand from the Town to do so, correct it or cause it to be corrected. The Guaranty provided by this Subsection 2.4.7. shall be extended with respect to any repair or replacement pursuant to such a demand for a full year from the date of such repair or replacement. The Town shall have the right to make corrections as defined in Section 2.4.3. of this Agreement. 2.4.8. Issuance of Permits and Certificates. The Town shall issue no certificates of use or occupancy for any building until all Improvements are completed by the Owner or until other arrangements have been made to the Town’s satisfaction. The issuance of any building permit or certificate of occupancy by the Town at any time prior to completion of all the Improvements and acceptance thereof (as applicable) by the Town shall not confer on the Owner any right or entitlement to any other building permit or certificate of occupancy. The Town shall have the absolute right to withhold any building permit or certificate of occupancy at any time the Owner is in violation of, or is not in full compliance with, the terms of this Agreement. 2.4.9. Duty to Restore Property. If the Owner fails to pursue all construction and installation of the Improvements within the time periods prescribed hereinabove, then the Town, in its sole discretion, may demand removal of any or all of any partially completed building, structure, or Improvement from the Development and restoration of the affected property to its original condition. The Owner shall, within sixty (60) days after receipt of such a demand from the Town, remove any such partially completed building, structure, or Improvement from the Development and restore the affected property in accordance with the Town’s demand. 2.4.10. Town’s Right to Complete Work. If the Owner fails to diligently pursue all construction and installation of the Improvements to completion within the time periods prescribed in this Agreement; or fails to correct any defect or deficiency as required pursuant to Subsection 2.4.7; or fails to remove any partially completed building, structure, or Improvement from the Development as required pursuant to Subsection 2.4.9., then the Town shall have, and the Owner hereby grants to the Town, in addition to all other rights afforded to the Town in this Agreement or by law, the right at the Town’s option, to complete such construction and installation, to correct such defect or deficiency, or to demolish and remove any or all such partially completed buildings, structures, or Improvements from the Development, using either its own employees or contractors hired for that purpose. The Town shall have the right to draw from the performance securities deposited pursuant Page 6 of 16 to Section 4 of this Agreement, as well as the right to demand payment directly from the Owner based on costs actually incurred or on the Town’s reasonable estimates of costs to be incurred, an amount of money sufficient to defray the entire cost of such work, including legal fees and administrative expenses. Section 3. Easements. 3.1. Utilities. Owner hereby grants and conveys to the Town and to all public utilities providing services to the Development a permanent and irrevocable easement over, on, and across the “VARIABLE WIDTH PUBLIC UTILITY EASEMENT AREA” identified on Exhibit B attached hereto. 3.2. Public and Emergency Services. The Owner grants to the Town and to Queen Anne’s County, a political subdivision of the State of Maryland, a permanent and irrevocable easement over, on, and across the Development, for the purposes of enforcing applicable laws, and providing public and emergency services to the Development and to adjacent properties. 3.3 Trail Easement. Owner hereby grants to the Town a fifteen foot (15’) wide easement for construction and maintenance of a pedestrian trail identified as “15’ WIDE PUBLIC TRAIL EASEMENT AREA” on Exhibit A, attached hereto and made a part hereof, which Exhibit A was prepared by Davis, Moore, Shearon & Associates, LLC and dated February, 2025. The Town shall be solely responsible for the cost of construction and maintenance of the pedestrian trail in the easement area, provided however, that upon request by the Town, Owner shall construct the trail in accordance with specifications to be mutually agreed upon by the Parties, at the cost and expense of the Town. With the execution of a trail easement described herein, the trail easement conveyed pursuant to Section 3.3 of the 2009 PWA is hereby extinguished and nullified in its entirety and as of the Effective Date no longer encumbers the Property. Section 4. Performance Security and Liens. 4.1. Performance Bond and Performance and Payment Letter of Credit. As security to the Town for the performance of the Owner’s obligations, Owners agrees: (1) to construct and complete the Improvements pursuant to and in accordance with this Agreement, (2) to pay all Town costs, fees and charges due from Owner pursuant to this Agreement, (3) to maintain and repair streets, sidewalks and other Improvements pursuant to Section 6 of this Agreement, and (4) otherwise faithfully to perform its undertakings pursuant to this Agreement, the Owner shall, prior to the recordation of the Final Plat and any Future Final Plat, deposit with the Town a bond or letter of credit (the “Performance and Payment Bond/Letter of Credit”), in a total amount equal to either 120% of the Approved Cost Estimate for all Improvements to be constructed in connection with that phase of the Development related to the Final Plat, or in cases where executed contracts for construction and installation of an Improvement have been filed with the Town pursuant to Subsection 2.2.2. of this Agreement, 120% of the amount of such contracts. The Performance and Payment Bond/Letter of Credit shall be maintained and renewed by the Owner, and shall be held by the Town, until the approval of the Improvements by the Town pursuant to Subsection 2.4.1. or the acceptance of the Improvements by the Town pursuant to Subsection 2.4.2. and the posting of the Guaranty Bond/Letter of Credit as required by Subsection 4.2 below. After such acceptance and posting, the Town shall Page 7 of 16 release the Performance and Payment Bond/Letter of Credit. If the Town is required to draw on the Performance and Payment Bond/Letter of Credit by reason of the Owner’s failure to fulfill its obligations under Section 2 of this Agreement, then the Owner shall within ten (10) days thereafter cause the letter or bond of credit to be increased to its full original amount. Owner recognizes that the reduction of the Performance and Payment Bond/Letter of Credit may be subject to such policies the Town has in place at the time of reduction. 4.2. Guaranty Bond/Letter of Credit. Immediately after the Town’s approval or acceptance of the Improvements pursuant to Subsection 2.4.1. or 2.4.2. of this Agreement, the Owner shall post a bond or letter of credit in the amount of 120% of the actual total cost of the Improvements as security for the performance of the Owner’s obligations under Subsections 2.4.3. and 2.4.6 and 2.4.7. of this Agreement (the “Guaranty Letter of Credit”). The Guaranty Letter of Credit shall be held by the Town until the end of the one-year guaranty period set forth in Subsection 2.4.7. of this Agreement or until one year after the proper correction of any defect or deficiency in the Improvements pursuant to Subsection 2.4.7. and payment therefore, whichever occurs later. If the Town is required to draw on the Guaranty Letter of Credit by reason of the Owner’s failure to fulfill its obligations under Subsection 2.4.7. of this Agreement, then the Owner shall within ten (10) days thereafter cause the letter of credit to be increased to its full original amount. 4.3. Interest and Costs. The Owner shall bear the full cost of securing and maintaining the Performance and Payment Letter of Credit and the Guaranty Letter of Credit. 4.4. Bonds and Forms of Letters of Credit. Performance Bonds and Guaranty Bonds shall be in a form satisfactory to the Town Attorney and each shall be from a bonding company acceptable to the Town. The Performance and Payment Letter of Credit and the Guaranty Letter of Credit each shall be in a form satisfactory to the Town Attorney and each shall be from a bank acceptable to the Town. Each letter of credit or bond shall, at a minimum, provide that: (1) it shall not be canceled without prior written consent of the Town; (2) it shall not require the consent of the Owner prior to any draw on it by the Town; and (3) if at any time it will expire within thirty (30) or any lesser number of days, and if it has not been renewed, and if any applicable obligation of the Owner for which it is security remains uncompleted or unsatisfactory, then the Town may, without notice and without being required to take any further action of any nature whatsoever, call and draw down the letter of credit and thereafter either hold all proceeds to complete all such obligations and reimburse the Town for any and all costs and expenses, including legal fees and administrative costs, incurred by the Town, as the Town shall determine. The amount of the letter of credit may be reduced, but only upon joint written direction by the Owner and the Town to allow for Improvement work satisfactorily completed. No such reduction shall be allowed except upon presentation by the Owner of proper documentation demonstrating final payment to contractors, subcontractors and suppliers and, partial or final waivers of lien, as may be appropriate, and all such additional documentation as the Town may reasonably request to demonstrate satisfactory completion of the Improvement in question. 4.5. Replenishment of Letters of Credit. If at any time the Town determines that the funds remaining in the Performance and Payment Letter of Credit are not, or may not be, sufficient to pay in full the remaining unpaid cost of all Improvements and all unpaid Town fees, or that the funds remaining in the Guaranty Letter of Credit are not, or may not be, sufficient to pay all unpaid Page 8 of 16 costs of correcting any and all defects and deficiencies in the Improvements, then, within ten (10) days following a demand by the Town, the Owner shall increase the amount of the appropriate letter of credit to an amount determined by the Town to be sufficient to pay such unpaid costs and fees. Failure to so increase the amount of the security shall be grounds for the Town to retain any remaining balance of the funds previously drawn and to draw down the entire remaining balance of the letters of credit for application in accordance with Subsection 4.7. 4.6. Replacement of Bonds and Letters of Credit. If at any time the Town determines that the company issuing a Performance Bond or Guaranty Bond or the bank issuing either a Performance and Payment Letter of Credit or a Guaranty Letter of Credit is unable to meet any federal or state requirement for reserves, is insolvent, is in danger of becoming any of the foregoing, or is otherwise in danger of being unable to honor such bond or letter of credit at any time during its term, or if the Town otherwise reasonably deems itself to be insecure, then the Town shall have the right to demand that Owner provide a replacement bond or letter of credit from a bonding company or a bank satisfactory to the Town. Such replacement bond or letter of credit shall be deposited with the Town not later than ten (10) days following such demand. Upon such deposit, the Town shall surrender the original bond or letter of credit to the Owner. 4.7. Use of Funds in the Event of Breach of Agreement. If the Owner in any other manner fails or refuses to meet fully an of its obligations under this Agreement, then the Town may exercise its rights under any bond and/or draw on and retain all or any of the funds remaining in either the Performance and Payment Letter of Credit or the Guaranty Letter of Credit. The Town shall also have the right (1) to exercise any of its rights under this Agreement; (2) to take any other action it deems reasonable and appropriate to mitigate the effects of its costs and expenses, including legal fees and administrative expenses, resulting from or incurred as a result of the Owner’s failure or refusal to fully meet its obligations under this Agreement; and (3) to reimburse itself for all of its costs and expenses, including reasonable legal fees and administrative expenses, resulting from or incurred as a result of the Owner’s failure or refusal to fully meet its obligations under this Agreement. 4.8. Town Lien Rights. 4.8.1. If any money, property or other consideration due from the Owner to the Town pursuant to Section 2 or 3 of this Agreement is not either recovered from any bond, letter of credit or other performance security deposit tendered under this Section 4 or paid or conveyed to the Town by the Owner within ten (10) days after a demand for such payment or conveyance, the Town may assert a lien against any lot, parcel or condominium unit owned by the Owner in the Development for such money, or the Town’s reasonable estimate of the value of such property or other consideration, together with interest and costs of collection, including legal fees and administrative expenses. 4.8.2. The Town shall assert a lien described in the preceding Subsection 4.8.1. by filing in the Land Records of Queen Anne’s County a notice of lien which shall describe the property against which the lien is asserted, the amount of the lien and a statement as to the reasons why the lien is asserted. The Town shall have the right to enforce such a lien in the same manner as if the lien were for unpaid and overdue real property taxes payable to the Town. Page 9 of 16 Section 5. Declaration of Protective Covenants. The Owner may execute and record among the Land Records of Queen Anne’s County a declaration of protective covenants for the Development (the “Declaration”). If there is a conflict between the terms of the Declaration and any term of this Agreement, the term of this Agreement shall control. Section 6. Damage to Improvements. The Owner shall maintain the Development and all streets, sidewalks, and other public property in and adjacent to the Development in a good and clean condition at all times during construction of the Development and the Improvements; shall promptly clean all mud, dirt, or debris deposited on any street, sidewalk, ditch or other Improvements (whether publicly or privately owned) in or adjacent to the Development by the Owner or any agent of or contractor hired by, or on behalf of, the Owner; and shall repair any damage to any street, sidewalk, ditch or other Improvements (whether publicly or privately owned) that may be used by the activities of the Owner or any agent of or contractor hired by, or on behalf of, the Owner. Section 7. Liability and Indemnity of Town. 7.1 No Liability for Town Review. The Owner acknowledges and agrees (1) that the Town is not, and shall not be, in any way liable for any damages or injuries that may be sustained as the result of the Town’s review and approval of any plans for the Development or the Improvements, or as a result of the issuance of any approvals, permits, certificates, or acceptances for the Development or use of any portion of the Development or the Improvements, and (2) that the Town’s review and approval of any such plans and issuance of any such approvals, permits, certificates, or acceptances does not, and shall not, in any way be deemed to insure the Owner, or any of its heirs, successors, assigns, tenants, or licensees, or any third party, against damage or injury of any kind at any time. 7.2 Indemnification. The Owner agrees to, and does hereby, hold harmless and indemnify the Town, and all of its elected and appointed officials, officers, employees, agents, representatives, engineers, and attorneys, from any and all claims that may be asserted at any time against any of such parties in connection with (1) the Town’s review and approval of any plans for the Development or the Improvements, (2) the issuance of any approval, permit, certificate, or acceptance for the Development or the Improvements, (3) the development, construction, maintenance, or use of any portion of the Development or the Improvements until dedicated to and accepted by the Town, and (4) the performance by the Owner of its obligations under this Agreement and all related agreements. 7.3 Defense Expenses. The Owner shall agree to, pay all expenses, including reasonable legal fees and administrative expenses, incurred by the Town in defending itself with regard to any and all claims mentioned in Subsection 7.2 above. Section 8. Nature. Survival, and Transfer of Obligation. The Owner agrees that the terms of this Agreement shall be binding upon it personally, and upon any and all of its heirs, successors, and assigns. The Owner further agrees that all payment obligations under this Agreement, together with interest and costs of collection, including reasonable legal fees and administrative expenses, shall, until paid, constitute a lien upon any portion of the Development owned by the Owner which Page 10 of 16 lien shall be enforceable in the same manner as in mortgage foreclosure proceedings in the manner described in Subsection 4.8 of this Agreement. 8.1. The Town agrees that upon a successor’s becoming bound to the personal obligation created herein in the manner provided herein and providing the financial assurances required herein, the personal liability of the Owner shall be released to the extent of the transferee’s assumption of such liability. The Owner agrees to notify the Town in writing at least thirty (30) days prior to any date upon which the Owner transfers a legal or beneficial interest in any portion of the Development (other than an individual lot or group of lots for which all Improvements have been completed and accepted or approved pursuant to this Agreement). The Owner shall, before completing any such transfer, provide the Town with a fully executed copy of the above required agreement by the transferee to be bound by the provisions of this Agreement and, if requested by the Town, with the transferee’s proposed assurances of financial capability. Section 9. No Waiver of Town Rights. The Town shall be under no obligation to exercise any right granted to it in this Agreement except as it shall determine to be in its best interest. No failure to exercise at any time any right granted herein to the Town shall be construed as a waiver of that or any other right. Section 10. Changes in Law. Any reference to laws, ordinances, rules, or regulations shall include such laws, ordinances, rules, or regulations as they have been, or as they may hereafter be, amended. Section 11. Time of Essence. Time is of the essence in the performance of all terms and provisions of this Agreement. Section 12. Term. Except as otherwise provided herein, this Agreement shall run with and bind the Development in perpetuity, and shall inure to the benefit of and be enforceable by the Owner and the Town, and any of their respective legal representatives, heirs, successors and assigns. Section 13. Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be deemed delivered to the addressee thereof (1) when delivered in person on a business day at the address set forth below or (2) on the third business day after being deposited in any main or branch United States post office, for delivery by properly addressed, postage paid, certified or registered mail, return receipt requested, at the address set forth below. Notices and communications to the Owner shall be addressed to, and delivered at, the following address: IF TO OWNER: IF TO THE TOWN: Corsica Creek Commons, LLC Town of Centreville 101 Chester Station Lane c/o Carolyn Brinkley Chester, Maryland 21619 101 Lawyer’s Row Centreville, Maryland 21617 WITH COPY TO: WITH COPY TO: J. Donald Braden, Esq. Sharon VanEmburgh, Esq. Page 11 of 16 101 Chester Station Lane 16 S. Washington Street Chester, Maryland 21619 Easton, Maryland 21601 IF TO DEVELOPER: Hillside Liquors and Deli, LLC 2640 Centreville Road Centreville, Maryland 21617 WITH A COPY TO: McAllister, DeTar, Showalter & Walker LLC c/o Brendan S. Mullaney, Esq. 100 N. West Street Easton, Maryland 21601 By notice complying with the requirements of this Section, each party shall have the right to change the address or addressee or both for all future notices and communications to such party, but no notice of a change of address shall be effective until actually received. Section 14. Enforcement. 14.1 By the Town. The Town may, in law or in equity, by suit, action, mandamus, or any other proceeding, including without limitation specific performance, enforce or compel the performance of this Agreement. In addition to ever other remedy permitted by law for the enforcement of the terms of this Agreement, the Town shall be entitled to withhold the issuance of building permits or certificates of occupancy for any and all buildings and structures within the Development at any time when the Owner has failed or refused to meet fully any of its obligations under this Agreement, until such obligation is satisfied. In the event of a judicial proceeding brought by the Town against the Owner, or his successors or assigns, for enforcement or for breach of any provision of this Agreement, the Town shall be entitled to reimbursement from the Owner of all costs and expenses, including reasonable attorneys’ fees incurred in connection with such judicial proceeding. 14.2 By the Owner. The Owner may, in law or in equity, by suit, action, mandamus, or any other proceeding, including without limitation specific performance, enforce or compel the performance of this Agreement. In the event of a judicial proceeding brought by the Owner, or his successors or assigns against the Town, for enforcement or for breach of any provision of this Agreement, the Owner shall be entitled to reimbursement from the Town of all costs and expenses, including reasonable attorneys’ fees incurred in connection with such judicial proceeding. 14.3 Waiver of Right to Seek Monetary Damages by Owner. Any provisions of law to the contrary notwithstanding, the Owner agrees that it will not seek, and shall not have the right to seek, or recover a judgement for monetary damages against the Town or any of its elected or appointed officials, officers, employees, agents, representatives, engineers or attorneys in any action on account of or arising out of the negotiation, execution, interpretation, breach or enforcement of any term of this Agreement. The Owner acknowledges that the inclusion of this Subsection in this Agreement constitutes a material factor in the decision of the Town to enter into this Agreement. Page 12 of 16 Section 15. Amendments. All amendments to this Agreement shall be in writing and shall be approved by the Owner and the Town. Section 16. Replacement of prior Public Works Agreements. This Agreement replaces and extinguishes all previous public works agreements for the property including the 2009 PWA and the 2009 PWA Amendment. Section 17. Incorporation of Exhibits. All exhibits referred to herein are hereby incorporated in this Agreement by this reference. SIGNATURES CONTINUE ON FOLLOWING PAGE Page 13 of 16 WITNESS: TOWN COUNCIL OF CENTREVILLE ______________________________ ______________________________ Ashley H. Kaiser, President ______________________________ ______________________________ Jeff D. Kiel, Vice President ______________________________ ______________________________ Daniel B. Worth, Member ______________________________ ______________________________ Sandy L. Huffer, Member ______________________________ ______________________________ Jim A. Beauchamp, Member STATE OF MARYLAND, COUNTY OF ____________________, TO WIT: I HEREBY CERTIFY, that on this _____ day of ________________, 2025, before me, the subscriber, a Notary Public of the State of Maryland, in and for the County aforesaid, personally appeared Ashley H. Kaiser, Jeff D. Kiel, Daniel B. Worth, Sandy L. Huffer, and Jim A. Beauchamp, who acknowledged themselves to be the Town Council of Centreville, and in such capacity executed the foregoing instrument for the purposes therein contained. WITNESS my hand and Notarial Seal. ______________________________ Notary Public My Commission Expires: ______________ SIGNATURES CONTINUE ON FOLLOWING PAGE Page 14 of 16 WITNESS: CORSICA CREEK COMMONS, LLC a Maryland limited liability company ______________________________ ______________________________ By: Its: STATE OF MARYLAND, COUNTY OF ____________________, TO WIT: I HEREBY CERTIFY, that on this _____ day of ________________, 2025, before me, the subscriber, a Notary Public of the State of Maryland, in and for the County aforesaid, personally appeared ______________________________, who acknowledged himself to be the ______________________ of Corsica Creek Commons, LLC, and in such capacity executed the foregoing instrument for the purposes therein contained. WITNESS my hand and Notarial Seal. ______________________________ Notary Public My Commission Expires: ______________ SIGNATURES CONTINUE ON FOLLOWING PAGE Page 15 of 16 WITNESS: HILLSIDE LIQUORS AND DELI, LLC a Maryland limited liability company ______________________________ ______________________________ By: Its: STATE OF MARYLAND, COUNTY OF ____________________, TO WIT: I HEREBY CERTIFY, that on this _____ day of ________________, 2025, before me, the subscriber, a Notary Public of the State of Maryland, in and for the County aforesaid, personally appeared ______________________________, who acknowledged himself to be the ______________________ of Hillside Liquors and Deli, LLC, and in such capacity executed the foregoing instrument for the purposes therein contained. WITNESS my hand and Notarial Seal. ______________________________ Notary Public My Commission Expires: ______________ Approved as to form and legal sufficiency: _____________________________ Sharon VanEmburgh, Esquire Attorney for the Town of Centreville I HEREBY CERTIFY under the penalties of perjury that the within instrument was prepared by or under the direction of an attorney admitted to practice before the Supreme Court of Maryland. _____________________________ Sharon VanEmburgh, Esquire Page 16 of 16 TO: Centreville Town Council FROM: Robert Hobbs, Chief of Police SUBJECT: January 2025 Department Overview DECEMBER JANUARY Enforcement 2024 2025 CRIMINAL ENFORCEMENT ACTIVITY Criminal Arrests 4 7 (Adult) During December, 2024 Officers made a TOTAL of 7 ARRESTS: Criminal Arrests 2 0 (Juvenile) • 2 On View Arrests 38 Traffic Citations 18 • 5 Criminal Summons/Warrant Service MV Warnings 173 178 Safety Repairs 17 27 TRAFFIC ENFORCEMENT ACTIVITY During the month of January, 2025, Officers issued the Parking Citations 0 0 following: Incidents 766 702 - 178 Motor Vehicle Warnings - 18 Non-Arrestable Citations - 27 Safety Equipment Repair Orders - 1 Commercial Vehicle Inspection The Redspeed Automated Speed Enforcement Cameras are currently located on Railroad Avenue at Queen Anne’s County High School, Watson Rd, and Chesterfield and have issued a combined 36 speed limit violation citations. COMPLAINTS/INCIDENTS During the month of January 2025 Officers responded to 702 calls for service. A sample of these incidents are highlighted below. • 9 Assault/Domestics • 1 MDOP • 4 Fraud • 5 K9 Scans • 7 Assist Other Agency • 3 911 Hangups • 9 Check The Welfare • 6 Theft • 368 Business/Residential Patrol Checks SPECIAL ASSIGNMENTS - K9 Certification - 100% Compliant - Queen Anne’s County Drug Task Force Meeting