september 21 2023 town council meeting minutes
Minutes September 21, 2023 · 8 page(s)
The Council met September 21, 2023, approved the August 17 minutes, held a closed session on potential litigation (no actions taken), and administered the oath of office to Penny Lins for the Board of Zoning Appeals. The Council heard from 152 Comet Drive, LLC/Green Thumb Industries about odor concerns and a proposed 60–90 day odor mitigation plan, held public hearings on Ordinance 05-2023 (Indoor Agriculture) and Resolution 11-2023 (Centreville Comprehensive Plan 2040), and voted to table Ordinance 05-2023 for three months to be heard again January 4, 2024; no citizens offered comments.
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Town Council of Centreville September 21, 2023 7:00 p.m. M I N U T E S The September 21, 2023 Town Council meeting was called to order at 7:00 p.m. by President Steven K. Kline at the Vincit Building located at 110 Vincit Street, Planning & Zoning 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; Lt. Charles Larrimore, Centreville Police Department; Sharon VanEmburgh, Town Attorney; Karen Luffman, Finance Officer; Krystel Ebaugh, Human Resources Manager; and Carolyn Brinkley, Town Clerk. Following the Pledge of Allegiance, Mr. Johnson made a motion to approve the August 17, 2023, meeting minutes, as presented. Mr. Worth seconded the motion, which passed unanimously. Closed Session Statement (i) The Town Council met in closed session on Thursday, September 21, 2023 at 6:30 p.m. at the Vincit Building, 110 Vincit Street, Planning & Zoning meeting room to discuss potential litigation and related legal issues 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: • Consult with counsel – discussed potential litigation and related legal issues. Actions: No actions taken. 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; Sharon VanEmburgh, Town Attorney; and Lt. Charles Larrimore. The meeting was adjourned at 6:48 p.m. Appearances a. Oath of Office – Penny Lins, Board of Zoning Appeals Mr. Johnson provided the oath of office for Penny Lins to the Board of Zoning Appeals for a three-year term expiring April, 2026. b. 152 Comet Drive, LLC / Green Thumb Industries Joe Stevens, Attorney and Laura Brown, Principal of 152 Comet Drive, LLC / Green Thumb Industries were present to discuss the odor from 152 Comet Drive and possible solutions to mitigate the smell. Mr. Kline asked how long it would take to come up with a solution. Mr. Stevens stated it would take 60-90 days to come up with a plan and 5-6 months for implementation. Mr. Johnson asked if there have been implementation strategies at other locations. Ms. Brown stated they believe extraction methods need to be implemented as they believe this is what is causing the most odor. They are looking at other laws and what has been effective at reducing odor, not only in cannabis production but other products as well. Mr. Worth asked if the plan would include a schedule. Ms. Brown stated that it will include a schedule and Mr. Stevens stated it will be an odor reduction mitigation plan. Mr. Worth asked how many employees work in cultivation. Phil Huff, Head Grower, stated that 20 employees work in the outdoor cultivation process and a total of 68 employees between inside and outside. Mr. Beauchamp stated that he is a champion of economic development. He stated this ordinance is not going away and the status quo is not a solution for this problem. Ms. Kaiser asked if the lack of allocations indicates the Town would not approve any additional growth at this time. Mr. Stevens stated that GTI will not come before the Planning Commission or Town Council for future growth while working through the odor mitigation plan. He stated that GTI cannot go to their board and ask to spend money on this issue if the ordinance is passed. 2023-09-21-TC-Minutes-Approved Page | 1 Public Hearing: Ordinance 05-2023 – Indoor Agriculture Mr. Kline called the hearing to order for Ordinance 05-2023 for the purpose of amending the Town of Centreville Zoning Ordinance, which is Chapter 170 of the Town Code, to only allow indoor agriculture as a permitted use in the Planned Business District (PBD) at 7:31 p.m. Mr. Worth gave background on Ordinance 05-2023 and stated this was an attempt to turn the clock back to when agriculture was not allowed in the Planned Business District. It would allow that to on be permitted indoors. Mr. Kline stated the Planning Commission forwarded an unfavorable recommendation to the Town Council for Ordinance 05-2023. Ms. Brinkley verified the notice of hearing was publicized in a newspaper circulated in Queen Anne’s County. There being no legal matters relating to the jurisdiction of the Town Council of Centreville nor any objections regarding the Notice of Public Hearing, Mr. Kline asked for comments from anyone in favor of Ordinance 05-2023. David Mitchell, Sveinn Storm, Pat Fox, Robert Eaves, Julie Seymore, Thomas Seymore, Mike Olsen, Harriet Goodmuth, provided comments. Mr. Kline asked for comments from anyone opposed to Ordinance 05-2023. Michael Armstrong, Jeff Mangold, Davis Emory, Dominick Roserio, Phill Huff, and Mitchell Delaney. Mr. Kaiser made a motion to adjourn the public hearing. Mr. Johnson seconded the motion, which passed unanimously. The public hearing for Ordinance 05-2023 adjourned at 8:15 p.m. Mr. Johnson stated that Mr. Stevens had indicated earlier that he and GTI were the last to know about this proposed ordinance and, as the economic development liaison, he takes that very seriously. Mr. Johnson made a motion to table any vote on Ordinance 05-2023 for six (6) months to be heard again on March 21, 2024. Ms. Kaiser seconded the motion. After further discussion, Mr. Worth amended the original motion to table the vote for two (2) months. Mr. Beauchamp seconded the motion. Mr. Stevens stated that they would like 90 days to put the mitigation plan together. Mr. Johnson withdrew his original motion of tabling for 6 months and Mr. Worth withdrew his amendment to table for 2 months. Mr. Worth made a motion to table the discussion for Ordinance 05-2023 for three (3) months to be heard again on January 4, 2024. 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 Public Hearing: Resolution 11-2023 – Centreville Community Plan Mr. Kline called the hearing to order for Resolution 11-2023 for the purpose of adopting the Town of Centreville Comprehensive Plan: 2040 pursuant to the Land Use Article of the Annotated Code of Maryland at 8:25 p.m. Mr. Kline provided background on Resolution 11-2023 stating that the Planning Commission has been working on and making progress on this plan for two years. The Town Council can pass the resolution tonight or they can hold off for additional conversation. Ms. Brinkley verified the notice of hearing was publicized in a newspaper circulated in Queen Anne’s County. There being no legal matters relating to the jurisdiction of the Town Council of Centreville nor any objections regarding the Notice of Public Hearing, Mr. Kline asked for comments from anyone in favor of Resolution 11-2023. No one spoke in favor. Mr. Kline asked for comments from anyone opposed to Resolution 11-2023. Ernie Sota, Ryan Showalter, Ed Olfey, Kindley Bray, and Sandy Huffer, offered comments. Mr. Johnson made a motion to adjourn the public hearing. Ms. Kaiser seconded the motion, which passed unanimously. The public hearing for Resolution 11-2023 adjourned at 8:41 p.m. 2023-09-21-TC-Minutes-Approved Page | 2 Citizens Comments No citizens offered comments. Old Business a. Ordinance 05-2023 – Chapter 170 – Indoor Agriculture – Second Reading – Sponsored by Council Members Worth and Johnson Ordinance 05-2023 for the purpose of amending the Town of Centreville Zoning Ordinance, which is Chapter 170 of the Town Code, to only allow indoor agriculture as a permitted use in the Planned Business District (PBD). Mr. Kline stated this was addressed previously in the meeting. b. Festivities and Beautification Team/Holiday Committee Updates Mr. Johnson made the following presentation: 2023-09-21-TC-Minutes-Approved Page | 3 Mr. Johnson stated the Holiday Committee chose the theme Heroes for this year’s Christmas Parade. They would also like to use some of the money that was moved out of the fireworks’ budget for decorations. He reported that they are not prepared to ask for any money at this time. There was consensus among the members of the Town Council to purchase and display a menorah this year during Hanukkah. New Business a. Resolution 11-2023 – Centreville Community Plan – Council President Mr. Kline read Resolution 11-2023 for the purpose of adopting the Town of Centreville Comprehensive Plan: 2040 pursuant to the Land Use Article of the Annotated Code of Maryland. Members of the Centreville Planning Commission: Kara Willis, Chair; Tim Zuella, Vice Chair, Nancy Emerick, Mitchell Delaney, and Pat Fox, Members, were present and made the following presentation: 2023-09-21-TC-Minutes-Approved Page | 4 Ms. Willis stated that this process was started in 2019 and the Planning Commission is happy that it is finally being presented to the Town Council. Mr. Kline stated the new Plan’s introduction states for Goal #5: “Guide the location, layout, and character of future neighborhoods. Open lands in and around Centreville could be developed as conventional single-use residential subdivisions or in ways that distinguish them as excellent neighborhoods unique to Centreville. Left to chance, land development seldom organizes itself into coherent extensions of historic patterns.” He then stated later in the document, Maryland’s Visions for Comprehensive Planning, Vision #7 states, “A range of housing densities, types, and sizes provides residential options for citizens of all ages and incomes. Mr. Kline asked if the Planning Commission thought the rezoning of the Carter Farm from TND to R-1 contradicts those two statements. Ms. Willis stated that this is a piece that would also work in tandem with the PUD zoning overlaying it. Mr. Kline asked what problem the Planning Commission is trying to solve on Carter Farm by rezoning the property to R-1 and is there a better tool to achieve the goals the Planning Commission is trying to achieve on this property. Ms. Willis stated she fought to keep the TND zoning and the Planning Commission could have reduced the density of the TND to achieve the same goal as the R-1 density but there was not a consensus for this. She stated there was feedback from the community about the amount of traffic coming into town and to consider or account for the density on that side of town. 2023-09-21-TC-Minutes-Approved Page | 5 Mr. Kline stated that he does not consider Carter Farm in process at this point. He stated the last site plan the Town Council and Planning Commission saw for Carter Farm, had a density very close to the R-1 zoning however, it does not give the flexibility that the TND zone does. He asked if the role of the PUD was to allow for this flexibility and keeping the lower density. Ms. Willis stated that is the role of the PUD as she sees it. She indicated where the Carter Farm development is or is not, is irrelevant to what the Planning Commission is trying to do with the PUD. She stated these changes are not being made based on possible development that may or may not take place over the next 1 to 3 years, but to meet long-term goals for the town at large. Mr. Beauchamp stated that the standardization of the zoning seems to be the issue, whereas the TND zone gives the flexibility. He suggested a more straightforward approach is to leave the TND zone and modify the density. Mr. Kline stated he feels the biggest issue are the underlying zones that do not reflect what everyone wants to see which is, a range of housing densities, types, and sizes. Mr. Johnson thanked the Planning Commission for their efforts on the comprehensive plan. He noted the parts of the plan that are important to him: historic preservation district and housing diversity. He stated that he is in favor of the Plan but cannot support the elimination of the TND and changing to R-1. Ms. Kaiser agreed to keep the TND zone. Mr. Worth stated that he also has issues with the TND and feels there should not be a reduction in growth areas. Mr. Kline stated that the comprehensive plan, as presented, exceeds the Town’s infrastructure requiring 1.5 million gallons per day within 10 years and violates the very essence of smart planning. After more discussion regarding density and allocations, Mr. Kline asked Ms. VanEmburgh to outline the process in which the Town Council can sit down with the Planning Commission to make changes to the draft comprehensive plan. Ms. VanEmburgh stated that there are four options: (1) approve, as presented; (2) the Town Council can modify; (3) remand it back to the Planning Commission; or (4) disapprove. Ms. VanEmburgh stated that it sounded like the Town Council would like to modify it along with the Planning Commission, which is reasonable. Ms. Willis asked if the Town Council had a list of action items, they would task the Planning Commission with, they could begin working on them. There was consensus among the Town Council to send the Comprehensive Plan back to the Planning Commission for modifications and the Town Council to attend Planning Commission workshops. Mr. Johnson suggested having a list of elements of the comprehensive plan that there is a consensus for approval, so that they could focus on the elements that need additional modifications. This would also help, if possible, those elements could be approved, in part. b. Ordinance 06-2023 – The Preserve – Second Reading – Sponsored by Council President Kline Ordinance 06-2023 for the purpose of releasing and extinguishing its right to construct a pedestrian/bike path in the open space of The Preserve of Centreville Heights. Mr. Kline requested consensus from the Council to withdrawal Ordinance 06-2023. There was consensus among the Council. c. Paid Family Medical Leave Insurance Program in Maryland – Chip Koogle, Town Manager Ms. Ebaugh reported on the following memo: 2023-09-21-TC-Minutes-Approved Page | 6 Ms. Kaiser made a motion to approve the Town election to participate in the Time to Care Act Insurance Collaborative and pay fees as outlined in the Memorandum of Agreement presented by the Maryland Municipal League, in response to the upcoming implementation of the State’s paid Family and Medical Leave Insurance Program. Mr. Beauchamp 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 d. Firehouse Sub Foundation Grant Program – Charles Koogle, Town Manager Mr. Koogle presented the following memo: Ms. Kaiser made a motion to approve the submittal of a grant to the Firehouse Sub Foundation Mission for the purpose of purchasing body armor for the Centreville Police Department. Mr. Johnson seconded the motion, which passed unanimously. Reports of Boards and Commissions a. Maryland Municipal League Mr. Beauchamp had nothing to report. b. Council of Governments Mr. Worth had nothing to report. c. Economic Development 2023-09-21-TC-Minutes-Approved Page | 7 Mr. Johnson had nothing to report. d. Park Advisory Board Ms. Kaiser reported that the annual Fishing Derby was held on September 9th with 53 kids participating in the event. Trophies will be handed out at a later meeting. Reports of Department Heads a. Town Manager Mr. Koogle reported the following: No bids were received for the speed hump invitation to bid. The Town will be purchasing speed humps to be installed. The Preliminary Engineering Report (PER) for the wastewater treatment plant is receiving a parallel review by the Town as well as the Maryland Department of the Environment. This is expected at the end of October, beginning of November. Working with Whitman Requardt and Associates to complete the design proposal for a membrane reactor (MBR) by early October which will include contract documents for the enhanced nutrient removal (ENR) upgrade for the expansion to 1 million gallons per day (MGD). Have had meetings with the Maryland Department of Transportation (MDOT) on the railbanking to acquire that parcel for a trail. Citizen Comments: No citizens offered comments. Council Roundtable Mr. Beauchamp had nothing to report. Mr. Worth had nothing to report. Mr. Johnson reported that the YMCA has milestones to celebrate. Brian Burns, Executive Director of the YMCA and Laura Fellows, Membership and Wellness Director were present and stated that the YMCA will be opening on October 9th with a members open house the weekend prior. Ms. Kaiser had nothing to report. Mr. Kline asked for the Council’s consensus to reallocate money in the budget to improve security at Town Hall. He asked for estimates to be reviewed. There was consensus among all Council Members. Motion to Adjourn There being no further business, Mr. Johnson made a motion to adjourn the September 21, 2023, meeting. Ms. Kaiser seconded the motion. The meeting was adjourned at 10:11 p.m. Respectfully submitted, Carolyn M. Brinkley Town Clerk Council Action Items: 1. Approved the August 17, 2023, meeting minutes. 2. Tabled the discussion for Ordinance 05-2023 for three (3) months to be heard again on January 4, 2024. 3. Consensus among the Town Council to send the Comprehensive Plan back to the Planning Commission for modifications and the Town Council to attend Planning Commission workshops. 4. Consensus from the Council to withdrawal Ordinance 06-2023. 5. Consensus among the members of the Town Council to display a menorah this year during Hanukkah. 6. Approved the Town election to participate in the Time to Care Act Insurance Collaborative and pay fees as outlined in the Memorandum of Agreement presented by the Maryland Municipal League, in response to the upcoming implementation of the State’s paid Family and Medical Leave Insurance Program. 7. Approved the submittal of a grant to the Firehouse Sub Foundation Mission for the purpose of purchasing body armor for the Centreville Police Department. 2023-09-21-TC-Minutes-Approved Page | 8