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july 20 2023 - town council approved minutes

Minutes July 20, 2023 · 9 page(s)

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Town Council of Centreville
July 20, 2023
7:00 p.m.
M I N U T E S
The July 20, 2023 Town Council meeting was called to order at 7:00 p.m. by Council President Steven K. Kline at the
Liberty Building located at 107 N. Liberty Street, 2nd floor meeting room. The following members and staff were
present: Steven K. Kline, President; Ashley H. Kaiser, Vice President; Eric B. Johnson, Jr., Daniel B. Worth; and Jim
A. Beauchamp, Members; Charles (Chip) Koogle, Town Manager; Clifford (Kip) Matthews, Director of Public
Works; Chief Robert Hobbs, Centreville Police Department; Sharon VanEmburgh, Town Attorney; Karen Luffman,
Finance Officer; Krystel Ebaugh, Human Resources Manager; Carol D’Agostino, Main Street Manager; and Carolyn
Brinkley, Town Clerk.
 Following the Pledge of Allegiance, Mr. Beauchamp made a motion to approve the June 1, 2023 meeting
minutes, as amended. Mr. Worth seconded the motion, which passed unanimously.
Council Member Yes No Abstain Absent
Council Member Beauchamp X
Council Member Johnson X
President Kline X
Vice President Kaiser X
Council Member Worth X
Closed Sessin Statement
(i) The Town Council met in closed session on Thursday, July 20, 2023 at 6:00 p.m. at the Liberty Building, 107
N. Liberty Street, 2nd floor meeting room to discuss personnel in accordance with the Maryland Open Meetings
Act. (ii) Five members of the Town Council voted to close the session. (iii) The authority to close the session is
found in Section 3-305 of the General Provisions Article.
(iv) The Town Council discussed the following topics:
• Acquisition of real property – discussed potential acquisition of a parcel of land in town.
• Personnel – discussed the performance of specific employees; discussed filling a vacancy on a board.
Actions: Selected member for vacancy on the Board of Appeals.
The following members and staff were present: Steven K. Kline, President; Ashley H. Kaiser, Vice President; Eric
B. Johnson; Daniel B. Worth and Jim A. Beauchamp, Members; Charles (Chip) Koogle, Town Manager; Carolyn
Brinkley, Town Clerk; and Sharon VanEmburgh, Town Attorney.
The meeting was adjourned at 6:45 p.m.
Mr. Beauchamp made a motion to appoint Penny Lins as a member of the Board of Zoning Appeals. Mr. Johnson
seconded the motion.
Council Member Yes No Abstain Absent
Council Member Beauchamp X
Council Member Johnson X
President Kline X
Vice President Kaiser X
Council Member Worth X
Citizens Forum
Robert Gordon, Laura Connor, Sara Shelly, Jay Falstead, Ron McClain, Bob Pino, Faith McCarthy, Elaine
Studley, and Robert Gordon all spoke regarding the plastic bag ban.
Public comments were closed regarding Ordinance 02-2023 Plastic Bags.
Old Business
a. Ordinance 02-2023 – Plastic Bags – Consideration – Sponsored by President Kline & Vice President Kaiser
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 Mr. Worth stated that he would like to recuse himself from the discussion and consideration of Ordinance
02-2023 due to a conflict of interest.
 Mr. Kline stated that we must do something differently. He stated that it is not his intention to place a
hardship on any business however, the number of plastic bags and trash on the side of the road and
making their way into our watersheds is making this more of a need. He asked the Restaurant
Association to come back to the Town if it is not working out the way everyone thinks it will.
 Ms. Kaiser stated that she agrees that the Town needs to pass the legislation and if it needs to be revisited
at a later date, she is amenable. She is in favor of this legislation and does not want to see any additional
changes to what has been presented.
 Mr. Johnson was in support of the bill, which is inevitable across the state and county and there is a good
reason to support this legislation. However, as the liaison to economic development, he did take the time
to a conference call with the majority of the restaurants. He would like an amendment to exempt
restaurants from paper bags with takeout and carry out and is interested in participating in any
conversations between QAC Plastic Free and Centreville’s restaurants. He thanked the community for
coming out to voice their opinions on the legislation.
 Mr. Beauchamp stated that he was moved by Plastic Free QAC in which they are working to provide
reusable bags to the underserved population. He stated that passing this legislation is not a tough
decision. However, he has been against adding the fee and now understands this is to help incentivize
people to bring their own bag. He recommended changes to the size of bags and the fee associated with
them: 7 x 17 x 12 is the general size for a grocery bag.
 Mr. Beauchamp proposed an amendment to Section 102-3 – Exemptions under “D” include exempting
bags smaller than a 1/3 of a cubic foot.
 Ms. Kaiser stated that she felt this would cause confusion at the point of sale between the customer and
the employee and is against including bag sizes. Mr. Kline stated he was also not in favor of this change.
 Mr. Beauchamp asked for an official vote on the proposed amendment.
Council Member Yes No Abstain Absent
Council Member Beauchamp X
Council Member Johnson X
President Kline X
Vice President Kaiser X
Council Member Worth RECUSED
 The motion to eliminate the bag fee for bags smaller than 1/3 cubic foot failed on a tie vote.
 Mr. Kline made a motion to approve Ordinance 02-2023 for the purpose of amending the Town’s Code to
create a new Chapter 102 of the Town Code regarding plastic bags to prohibit retail establishments from
providing plastic carryout bags to customers and incentivize use of reusable bags with an amendment to
Section 102-3-D. to remove “by a pharmacy”. Ms. Kaiser seconded the motion, which passed
unanimously.
Council Member Yes No Abstain Absent
Council Member Beauchamp X
Council Member Johnson X
President Kline X
Vice President Kaiser X
Council Member Worth RECUSED
b. Ordinance 03-2023 – Penalty Reference Correction – Second Reading – Sponsored by Vice President Kaiser
 Ms. Kaiser stated this is to clean up how the penalties are identified and makes them clearer and to clean
up how the infractions are categorized.
 Ordinance 03-2023 for the purpose of amending the Code of the Town of Centreville to update the
penalty sections throughout the code is being referred to the Planning Commission for their August 16th
meeting. A public hearing will be held at the August 17th Town Council meeting.
c. Resolution 08-2023 Municipal Infraction Fines – Sponsored by Vice President Kaiser
 Resolution 08-2023 was tabled until the August 17th Town Council meeting following the public hearing
of Ordinance 03-2023 and a recommendation from the Planning Commission.
 Mr. Kline stated that there are 10 hours per week in the budget for code enforcement and he asked for a
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consensus for a more robust code enforcement program that is not complaint driven but that the Code
Enforcement Officer ride around to identify any code issues there may be. There was consensus among
the Town Council.
New Business
a. Ordinance 04-2023 – Chapter 170 – Electronic Signs – First Reading – Sponsored by Council Member
Johnson
 Mr. Johnson thanked Mr. Worth, Planning Commission Chair, and the Town Attorney on their help
writing Ordinance 04-2023 for the purpose of amending the Town of Centreville Zoning Ordinance,
which is Chapter 170 of the Code of the Town of Centreville, to allow electronic messaging centers as a
permitted use for governmental and institutional uses in specified non-residential zones and subject to
additional standards for such signs.
 It was requested that page numbers be added to all legislation.
 Ordinance 04-2023 was referred to the Planning Commission for review and recommendation at their
August 16th meeting.
 Ordinance 04-2023 will have a public hearing at the August 17th Town Council meeting.
b. Ordinance 05-2023 – Chapter 170 – Indoor Agriculture – First Reading – Sponsored by Council Members
Worth and Johnson
 Mr. Kline stated he is not in support of this legislation and asks the Council to pause until the State law is
“shaken out”.
 Mr. Johnson stated he would like to pause as well until other towns have decided on their legislation.
 Mr. Beauchamp was not in favor of waiting.
 Ms. Kaiser stated she was opposed to the legislation and wants to see where the State legislation ends up.
 Mr. Worth stated he does not feel as though agricultural uses should take place at the Business Park and it
should be commercial uses with more tax revenues.
 Mr. Johnson stated that at the next meeting they would be better prepared with graphics and additional
language. He indicated that he was in favor of a moratorium.
 Mr. Worth stated he was against a moratorium.
 Mr. Worth stated that smoking lounges are currently not permitted in the Zoning Code.
 There was a roll call vote to send Ordinance 05-2023 to the Planning Commission.
Council Member Yes No Abstain Absent
Council Member Beauchamp X
Council Member Johnson X
President Kline X
Vice President Kaiser X
Council Member Worth X
 Ordinance 05-2023 will be sent to the Planning Commission for their August 16th meeting and the Town
Council will hold a public hearing at their September 21st meeting to allow time for the Planning
Commission to review.
c. Town Social Media Pages/Policies/Use – Vice President Kaiser
 Ms. Kaiser stated that there have been discussions regarding a Town of Centreville Facebook page. She
stated that every zip code has a Facebook page, and someone has to claim that page. She stated that she
has asked who the administrators are and who can post on the Centreville Main Street Facebook page and
the Centreville Police Department Facebook page.
 Ms. Kaiser feels that anyone who is posting on these Facebook pages should sign a code of conduct and a
process should be in place so that they forfeit that page should they leave our employment.
 Ms. D’Agostino stated that the Centreville Main Street page was created in 2014 through Maryland Main
Street who contracted a company to create these pages. Ms. Kaiser stated that she feels that Ms.
D’Agostino should sign something that forces her to turn over that page to the Town if she were to leave
employment with the Town.
 Ms. Kaiser also stated that anyone who is an admin on those pages, whether they be a Town employee or
not, should have to sign something acknowledging that they are posting on behalf of the Town and what
their conduct should be like.
 Ms. Ebaugh read what the current handbook says with relation to what must be turned over upon leaving
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the Town’s employment. Mr. Kline suggested adding “work product” to the list of what must be turned
over. The Council agreed.
 Ms. Kaiser would like to investigate the Town claiming the 21617 Facebook page, even if it is not used,
but just claimed.
d. Road Closure Policies – Vice President Kaiser
 Ms. Kaiser was concerned that no policy exists to close a road in Centreville as well as indicating what
the liability limitations are and why insurance is needed when the Town is already insured. Ms. Kaiser
stated she would like to see a form and a process followed.
 Ms. VanEmburgh asked if Ms. Kaiser wanted to see a policy for public assembly on all public property.
Ms. Kaiser indicated that yes, this is what she is looking for.
 Ms. Brinkley stated that there is already a form and a policy for using the Town parks.
 Ms. D’Agostino stated that she did attempt to begin this over a year ago with the previous Chief of Police
but was never completed.
 Ms. Brinkley stated that there is a meeting scheduled for the following week with the Chief of Police, Ms.
D’Agostino, and the Director of Public Works to begin preparing a special events permit/road closure
policy.
 Ms. Kaiser stated she would like to see in the policy that the Farmers’ Market and First Friday are
required to seek permission in the attempt to create a pause in case anything needs to be changed.
 Mr. Beauchamp stated he is apprehensive with the Town maintaining liability over an event it has no
control over.
 There was additional discussion regarding liability insurance. Ms. Brinkley stated Ms. Ebaugh is
contacting LGIT to find out if there is a way for someone to purchase liability insurance for their event as
opposed to requiring it through homeowners’ insurance.
e. FY2023 Year End Update – Karen Luffman, Finance Officer
 Ms. Luffman reported that the Town’s books closed on June 30th but will remain open through August
31st for any late invoices or revenue still coming in through the State.
 Ms. Luffman stated she was giving the Council what she is estimating the books will look like at the end
of August. She is expecting expenses to be under approximately $298,000 and to receive approximately
$400,000 more than what we anticipated. She stated the major reason for the $400,000 increase in
revenue is because of local income tax. She stated during COVID the estimate was very conservative and
added a slight increase of 2%. She stated over $1 million has been received in local income tax and only
$700,000 was budgeted.
 She stated she will have a better report at the second meeting in September once the books have closed
and all revenues and expenses have been received.
f. Bid Consideration: Water Treatment Plants Preliminary Engineering Report – Kip Mattews, Director of
Public Works
 Mr. Matthews presented the following memo:
 Mr. Beauchamp made a motion to approve the Water Treatment Plants Preliminary Engineering Report
proposal to Whitman, Requardt & Associates, LLP for the agreement, not to exceed $24,918. Mr. Worth
seconded the motion, which passed unanimously.
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Council Member Yes No Abstain Absent
Council Member Beauchamp X
Council Member Johnson X
President Kline X
Vice President Kaiser X
Council Member Worth X
g. FY2023 Encumbrance – Kip Matthews, Director of Public Works
 Mr. Matthews presented the following memo:
 Mr. Matthews stated the reason he is asking for this encumbrance is because these projects were already
started in FY2023 and some projects do not always finish in the same fiscal year.
 Mr. Kline asked if the Water Treatment Plant PER could be cut down to $24,918. Mr. Matthews stated
he would prefer it not because there are other expenses within that $50,000 that may be needed to go
along with the PER such as surveys, geotechnical work, etc.
 Mr. Worth asked why the Gateway antennae was listed twice. Mr. Matthews stated that because the
sewer portion of utility bills is also determined based off of water usage, the expense is split between the
two lines.
 Mr. Kline asked about the $2.5 million for the farm that is identified as being used for a water reuse farm
lease. Mr. Matthews stated the $2.5 million has been in the budget for quite a few years for the purchase
of a farm. He stated that the person the Town spoke with at the Maryland Department of the
Environment (MDE) stated that the Town had to own the farm to be used for water reuse. He reported
that the Town now does not have to own the farm, however, the Town must enter into a lease in order for
the farmer to be able to take the water from the Town.
 Mr. Kline questioned why the Town would pay for a farmer to take water? Mr. Matthews stated this $2.5
million is not to pay farmers to take the water but any infrastructure or equipment that may be needed.
 Ms. Kaiser stated she thought the County required the Town to own the farm. It was stated that the
County would have to amend their Comprehensive Water and Sewer Plan to allow the Town to lease a
farm.
 Mr. Kline requested to have this decision in writing from the Secretary of MDE that the Town does not
have to own the farm. Mr. Matthews stated it is in writing from the Division Chief, not the Secretary.
 Mr. Koogle stated he has spoken with the Secretary of MDE, and she does want to meet with the Town,
so he is working on setting up that meeting.
 Mr. Worth stated that the Council needs to meet with the County Commissioners. Mr. Kline agreed and
stated the Council does need to do that to get the plan changed.
 Mr. Johnson made a motion to approve the encumbrance of $128,500 in the General Funds Parks and the
encumbrance of $3,258,000 in the Enterprise Fund for capital improvements. Mr. Beauchamp requested
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an amendment to the motion to remove the Gateway antennae from the encumbrance. Mr. Kline asked if
there was second for the original motion or the amendment. Ms. Kaiser seconded the original motion.
There was no second on the amendment therefore, the amendment died. The original motion passed
unanimously.
Council Member Yes No Abstain Absent
Council Member Beauchamp X
Council Member Johnson X
President Kline X
Vice President Kaiser X
Council Member Worth X
h. Ziptility Software – Kip Matthews, Director of Public Works
 Mr. Matthews presented the following memo:
 Ms. Kaiser made a motion to approve the Ziptility software purchase for a three-year agreement, not to
exceed $4,200 annually. Mr. Beauchamp seconded the motion, which passed unanimously.
 Mr. Worth asked if this covers sewer services as well. Mr. Matthews stated that it does.
Council Member Yes No Abstain Absent
Council Member Beauchamp X
Council Member Johnson X
President Kline X
Vice President Kaiser X
Council Member Worth X
i. FY2023 Year End Streets Department Purchases – Kip Matthews, Director of Public Works
 Mr. Matthews presented the following memo:
 The Town Council thanked Mr. Matthews for bringing this back to the Council.
Correspondence
 Mr. Koogle reported that as part of a session at the Maryland Municipal League (MML) conference was a
legislative recap.
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 He stated that they discussed the Legislative Action Requests (LAR) and MML was very active in
helping with the law that allowed Westminster’s to do their indirect potable reuse. This law was a good
first step, however, is limited to Westminster.
 Mr. Koogle stated that while sitting in this session, it was stated that the LAR was due by June 30th and
required Council approval. Since there was no way of getting Council approval in two days, he went
ahead and submitted it. However, it is conditional on the Council’s approval. He also stated that while
this was submitted, there is also no guarantee that the Legislative Action Committee will choose this as
an action they want to move forward with.
 Ms. Kaiser asked if this could have been an action the Council could have taken in between meetings and
ratify as the following meeting? Ms. VanEmburgh stated she would have to look into this. Ms. Kaiser
also stated that there are other State agencies that would be affected by this that are not listed on the form.
Mr. Koogle stated that was discussed and he was told to put MDE down and the finer details would be
worked out later. This simply was to get the request in.
 Mr. Johnson asked about #2 if it could be re-written to indicate expanding options and streamlining the
approval process. Mr. Koogle stated yes, that is a good point and wished he had more time to complete a
thoughtfully crafted document.
 Mr. Kline stated that he applauds Mr. Koogle for doing this because as the Council has talked before, the
upgrade to the wastewater treatment plant will be the biggest project in the history of Centreville and the
Town needs to get this right and kudos to the Town Manager for getting this done.
 Ms. Kaiser stated she is happy the Town is operating this way and pushing for what we need and asking
for it.
 Mr. Beauchamp stated he was on the Legislative Committee with MML for several years and they vet it
down to 2 to 3 that they can handle. He encouraged Mr. Koogle to submit a supplement to the LAR to
expand on what was submitted; request support from other municipalities; note what legislation needs to
be changed; and attach Westminster’s legislation.
 Mr. Beauchamp made a motion to submit a Legislative Action Request (LAR) to pursue legislation that
expands the availability of discharge options for wastewater treatment plants. Ms. Kaiser seconded the
motion, which passed unanimously.
Council Member Yes No Abstain Absent
Council Member Beauchamp X
Council Member Johnson X
President Kline X
Vice President Kaiser X
Council Member Worth X
Reports of Boards and Commissions
a. Maryland Municipal League
 Mr. Beauchamp asked Council Member Worth for an update on MML since he attended this year’s
conference.
 Mr. Worth stated the most notable sessions were Public Information Act (PIA); Small Towns discussion
which this year was related to recruiting and retaining police officers; and code compliance.
 Mr. Koogle reported the following:
 The sessions this year were good.
 Every Cabinet Secretary was in attendance during the Cabinet Roundtable discussions, so he was able
to set up follow-up meetings with all of them.
 Reported on bills that were passed that will affect the Town.
 August 10th he and few other staff will be attending the Cannabis Symposium in which it will talk
about how it will affect planning and zoning as well as human resources.
b. Council of Governments
 Mr. Worth reported that COG will meet in September.
c. Economic Development
 Mr. Johnson had nothing to report.
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d. Park Advisory Board
 Ms. Kaiser asked if the Council had a suggestion for the movie for Movie Night at the Wharf Park on
September 9th.
e. Centreville Planning Commission
 Mr. Kline reported that the Planning Commission voted to hold a Special Session on August 2nd to
receive final approval of the Comprehensive Plan. He stated that the Planning Commission has held one
public hearing and will hold another and the Town Council will also have to hold a public hearing. He
reiterated that the Council needs to spend time reading this document as it is an important document that
sets the stage for the next decade.
 The Town Council should schedule the public hearing for September 21st.
 Mr. Worth asked if a presentation would be made to the Town Council. Mr. Kline reported that the
Town’s contract Planner will be leaving and going to the City of Annapolis so he suggested that the
Planning Commission could probably give that presentation.
Reports of Department Heads
a. Town Manager
 Mr. Koogle reported the following:
 Laser Drive is being completed at the Business Park
 Working on the Livability Code
 Started working on the 5-year budget.
b. Chief of Police
 Mr. Johnson commended Chief Hobbs and his command staff for stepping up to work while they are
short-staffed.
 Chief Hobbs reminded the Council and citizens that August 1st is the Police Department’s National
Night Out on Lawyers Row from 6:00 p.m. to 8:00 p.m. and free to the public.
Citizen Comments:
No citizens offered comments.
Council Roundtable
 Mr. Beauchamp had nothing to report.
 Mr. Worth reported that he attended a ribbon cutting the week before at Island Foundations Yoga. He also
spoke with David Foster, Mayor of Chestertown, regarding tax differential and he wants to work with
MML to make this a requirement.
 Mr. Johnson reported that the Festivities and Beautification Team will meet at the Vincit Building on
Monday, July 24th at 7:00 p.m.
 Ms. Kaiser August 4th will be First Friday from 6:00 p.m. to sundown.
 Mr. Kline discussed The Preserve at Centreville HOA. This is a 20 house HOA on Cypress Street that
owns about a 9 acre parcel. The HOA would like to divulge itself and needs to divest this property in order
to do so. On the plat there is permission for the Town to run a trail through the property. They have asked
the Town to remove all requirements on the plat so that they can dispose of this property.
 Mr. Worth is concerned about the maintenance of the stormwater pond.
 Mr. Kline asked how the Council would go about doing this? Ms. VanEmburgh stated that since the Town
is releasing a property interest, it should be completed by ordinance.
 Mr. Kline asked if there was enough interest from the Council to move forward with an ordinance.
 Mr. Beauchamp stated he would like to hear from the Parks Board before a final decision is made.
Motion to Adjourn
There being no further business, Ms. Johnson made a motion to adjourn the July 20, 2023 meeting. Mr. Beauchamp
seconded the motion. The meeting was adjourned at 9:48 p.m.
Respectfully submitted,
Carolyn M. Brinkley Town Clerk
Council Action Items:
1. Approved the June 1, 2023 meeting minutes, as amended.
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2. Appointed Penny Lins as a member of the Board of Zoning Appeals.
3. Approved Ordinance 02-2023 for the purpose of amending the Town’s Code to create a new Chapter 102 of
the Town Code regarding plastic bags to prohibit retail establishments from providing plastic carryout bags
to customers and incentivize use of reusable bags with an amendment to Section 102-3-D. to remove “by a
pharmacy”.
4. By consensus, the Town Council agreed to a more robust code enforcement program that is not complaint
driven but that the Code Enforcement Officer ride around to identify any code issues there may be.
5. Ordinance 04-2023 was referred to the Planning Commission for review and recommendation at their
August 16th meeting.
6. Ordinance 04-2023 will have a public hearing at the August 17th Town Council meeting.
7. Ordinance 05-2023 will be sent to the Planning Commission for their August 16th meeting and the Town
Council will hold a public hearing at their September 21st meeting to allow time for the Planning
Commission to review.
8. Approved the Water Treatment Plants Preliminary Engineering Report proposal to Whitman, Requardt &
Associates, LLP for the agreement, not to exceed $24,918.
9. Approved the encumbrance of $128,500 in the General Funds Parks and the encumbrance of $3,258,000 in
the Enterprise Fund for capital improvements.
10. Approved the Ziptility software purchase for a three-year agreement, not to exceed $4,200 annually.
11. Approved the submission of a Legislative Action Request (LAR) to pursue legislation that expands the
availability of discharge options for wastewater treatment plants.
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