town council meeting minutes
Minutes February 20, 2020 · 9 page(s)
These are the Centreville Town Council minutes for February 20, 2020, documenting approval of prior minutes, reports of two recent closed sessions, a public hearing on Ordinance 15-2019 to amend record-plat signature requirements (no public comment), and citizen remarks. The council voted 2-1 to acknowledge Joshua E. Shonts as a council member and reschedule the reorganization meeting to March 12, 2020; Council Member McCluskey also moved to direct the Town Attorney to draft charter amendments per the Council of Five Advisory Committee’s Option 1 (three-year terms for the top two vote-getters, an initial two-year term for the third highest, runoff provisions for certain ties, and a provision to cancel a two-seat election if only two candidates run).
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Town Council of Centreville February 20, 2020 7:00 p.m. M I N U T E S The February 20, 2020 Town Council meeting was called to order at 7:00 p.m. by President Jim A. Beauchamp at the Liberty Building located at 107 N. Liberty Street, 2nd floor meeting room. The following members and staff were present: Jim A. Beauchamp, President; Jeffrey C. Morgan, Vice President; Timothy E. McCluskey, Member; Steve Walls, Town Manager; Clifford Matthews, Director of Public Works; Chief Kenneth N. Rhodes, Centreville Police Department; Karen Luffman, Finance Officer; Ashley Russ, Finance Specialist; Sharon VanEmburgh, Town Attorney; and Carolyn Brinkley, Town Clerk. Following the Pledge of Allegiance and a moment of silence, Mr. McCluskey made a motion to approve the January 16, 2020 meeting minutes, as written. Mr. Morgan seconded the motion, which passed unanimously. Mr. McCluskey made a motion to approve the February 6, 2020 work session minutes as presented. Mr. Morgan seconded the motion, which passed unanimously. Closed Session Statement (i) The Town Council met in closed session on Thursday, January 2, 2020 at 7:27 p.m. at the Liberty Building, 107 N. Liberty Street, 2nd floor meeting room to consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State in accordance with the Maryland Open Meetings Act. (ii) All three 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 topic: • Discussed a proposal for a business expansion Actions: No actions were taken. The following members and staff were present: Jim A. Beauchamp, President; Jeffrey C. Morgan, Vice President; Timothy E. McCluskey, Member; Steve Walls, Town Manager; and Sharon VanEmburgh, Town Attorney. The meeting adjourned at 7:39 p.m. (i) The Town Council met in closed session on Wednesday, February 19, 2020 at 6:19 p.m. at Centreville Town Hall, 101 Lawyer’s Row to consult with counsel and discuss personnel in accordance with the Maryland Open Meetings Act. (ii) All 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 counsel advice on two legal matters • Personnel – discussed appointments for boards and commissions Actions: No actions taken. The following members and staff were present: Jim A. Beauchamp, President; Jeffrey C. Morgan, Vice President; Timothy E. McCluskey, Member; Steve Walls, Town Manager; and Sharon VanEmburgh, Town Attorney. The meeting adjourned at 6:44 p.m. Citizens Comments Fred McNeil, Chesterfield Avenue; Bob Pino, Water Street; and Niki Pino, Water Street; provided comments. Public Hearing: Ordinance -15-2019 – Amending Chapter 138-74 – Subdivision Regulations The public hearing for Ordinance 15-2019 for the purpose of amending Section 138-64 of the Town Code, which creates and sets forth the information that shall appear on the record plat. Ms. VanEmburgh stated that this ordinance is intended to clean up language in the Town Code that requires certain signatures on the final record plat. Ms. Brinkley verified that the notice of hearing was publicized in the Record Observer, a newspaper circulated in Queen Anne’s County. 2020-02-20-TC Approved Minutes.doc Page 1 of 9 There being no legal matters relating to the jurisdiction of the Town Council of Centreville nor any objections in regards to the Notice of Public Hearing, Mr. Beauchamp asked for comments from anyone in favor of proposed Ordinance 15-2019. No one spoke in favor of Ordinance 15-2019. Mr. Beauchamp asked for comments from anyone opposed to Ordinance 15-2019. No one spoke in opposition of Ordinance 15-2019. Mr. McCluskey made a motion to adjourn the February 20, 2020 Public Hearing for Ordinance 15-2019 – amending Section 138-64 of the Town Code. Mr. Morgan seconded the motion, which passed unanimously. The hearing adjourned at 7:12 p.m. Old Business a. 2019 Election – State Board of Elections Decision – Joshua E. Shonts Ms. VanEmburgh reported that the State Board of Elections dismissed the complaint filed towards the Kent County Board of Elections. Mr. Beauchamp stated that an election was held in October, 2019 in which Mr. Shonts received the highest number of votes however, was not listed on the voter registration list at the time of the election. A quasi-judicial hearing was held in which the Town Council challenged Mr. Shonts to remedy the voter registration issue. Mr. Beauchamp stated that he is inclined to approve Mr. Shonts as a council member and sworn in because he believes it was not his intent to change his voter registration. Mr. Morgan stated that Section 202 of the Town Charter states that to qualify as a council member someone must have resided in town for at least two years preceding their election and registered at least six months preceding their election. He indicated that the Town Charter does not state a candidate has to be registered immediately preceding an election and, as a Council Member, it states that if they move out of town they must relinquish their seat but does not say if they are no longer a registered voter have to give up their seat. Mr. Morgan stated he believes Mr. Shonts should be approved as a council member. Mr. McCluskey stated that he believes the Charter is black and white and that Mr. Shonts does not meet the requirements to take office. Mr. Beauchamp made a motion to acknowledge Joshua Shonts as a council member and hold a reorganization meeting on March 5th. Mr. Morgan seconded the motion. Mr. McCluskey stated that he will be out of town March 5th and asked if it could be moved. The motion was amended to cancel the March 5th Town Council meeting and hold a reorganization meeting on Thursday, March 12th. The motion passed with Mr. Beauchamp and Mr. Morgan voting yes and Mr. McCluskey voting no. b. Council of Five Advisory Committee Recommendations Mr. Eric Johnson, Chair and Mr. Nick Rowdon, Member of the Council of Five Advisory Committee were present to make recommendations on the implementation of two (2) additional council members They presented the following information: 2020-02-20-TC Approved Minutes.doc Page 2 of 9 2020-02-20-TC Approved Minutes.doc Page 3 of 9 2020-02-20-TC Approved Minutes.doc Page 4 of 9 Mr. Beauchamp asked Ms. VanEmburgh if the timeline is consistent with State law. She indicated it was and explained that public hearings for charter amendments must be advertised 21 days prior to the hearing and the amendment does not go into effect until 50 days after it has been approved by the Town Council. She said the timeline is consistent with these regulations. Mr. Beauchamp stated that he is undecided on districting at this time. Mr. Morgan stated that he feels districting should go out to a vote on the October, 2020 election ballot. Mr. McCluskey stated it is a very tight timeframe and recommends the Council consider Option 1, three- year terms, as it is the easiest and simplest for implementation. Mr. McCluskey made a motion to direct the Town Attorney to write charter amendments to implement Option 1 as presented by the Council of Five Advisory Committee, include 3-year terms for the top two (2) vote getters and an initial 2-year term for the third highest vote getter, with 3-year terms going forward. Also, include a provision for a special runoff election in the event there is a three-way tie for the most votes, or a tie for the third highest votes. Also, a charter amendment that if in the future there are only two (2) candidates running in a two (2) seat race, the election shall be cancelled and the two (2) candidates seated. In addition, whatever other changes need to occur to make this transition as seamless as possible, and provide the amendments at our March 12th meeting, so we can have a public hearing early in April and the new seats can be elected at our next regular election. Mr. Morgan seconded the motion, which passed unanimously. Mr. Morgan made a motion to include in the charter amendments a change to Section 202 of the Town Charter “…shall be registered voters of the town for at least six months immediately preceding their election” as well as “Any Council member who ceases to reside in the town or is no longer a registered voter during his or her term of office shall immediately resign, terminating his or her membership on the Town Council.” Mr. McCluskey seconded the motion, which passed unanimously. c. Ordinance 01-2020 – Tax Set Off/Tax Differential – Second Reading Mr. McCluskey asked for a public hearing to be held on this ordinance and it be advertised. Mr. Morgan asked Mr. Beauchamp to clarify why he developed Ordinance 01-2020. Mr. Beauchamp explained that Queen Anne’s County gives the towns a tax rebate or a tax differential. A tax differential is when the County reduces the town citizens property tax based on services they 2020-02-20-TC Approved Minutes.doc Page 5 of 9 receive from their municipality. A tax rebate is when the County pays the Town a sum of money to make up the difference in these duplicative services to their citizens. Mr. Beauchamp stated Ordinance 01-2020 is to set in place if the County decides to give a rebate back to Centreville instead of a differential directly to the citizens, Centreville will be required to lower the town citizen’s property tax rate. Mr. McCluskey stated that if the County chooses to give a tax rebate to the Town as opposed to a differential to the citizens, the Town would be need to adjust their municipal tax rate by the amount of the differential. He stated the Town could lower their rates one year and then have to raise them the next year, if the County chose a differential. Mr. McCluskey stated that he is not in favor of Ordinance 01- 2020. Mr. Morgan stated that he believes it is the right of the citizens to have a public hearing. A public hearing is scheduled for Thursday, March 19th at 7:05 p.m. d. Ordinance 15-2019 – Subdivision Regulations – Consideration Mr. McCluskey made a motion to approve Ordinance 15-2019 for the purpose of amending Section 138- 64 of the Town Code, which creates and sets forth the information that shall appear on the record plat. Mr. Morgan seconded the motion, which passed unanimously. e. North Brook Discolored Water Update Mr. Matthews stated that he was hoping to bring more information, however the lead engineer became ill. He stated they are still working through the information and hoping to have recommendations soon. Mr. Beauchamp asked Mr. Matthews to reach out to any citizens that have been affected by this. Mr. Morgan requested when the final report is received from the engineers that another work session be scheduled to review the information. He indicated his disappointment on the number of people who attended the last work session. f. Fireworks Mr. McCluskey stated that the fireworks were originally scheduled for Sunday, June 28, 2020. The Maryland Municipal League conference begins this same day and has requested it be changed to Thursday, July 2nd. By consensus, all members agreed to change the fireworks to Thursday, July 2nd. g. URL Update for centrevilletowncouncil.org Mr. Beauchamp stated that there was no update. Mr. McCluskey stated that in January 2015, when Mr. Beauchamp proposed this domain for the use of the Council, that he would happily turn it over to the Town management. Mr. Beauchamp stated that he never made such a statement. Mr. McCluskey read an email from January 2015 when Mr. Beauchamp first purchased this domain indicating the he would turn it over to the Town. Mr. Beauchamp stated there has been a complication with the transfer of the domain. Mr. McCluskey asked Mr. Beauchamp if he would be able to transfer the domain prior to leaving office with the Town. Mr. Beauchamp indicated that he would probably not be able to complete the transfer prior to leaving office but that he would get it done. New Business a. Shore United Insured Cash Sweep Rate Expiration Ms. Luffman presented the following memo: 2020-02-20-TC Approved Minutes.doc Page 6 of 9 After some discussion, Mr. McCluskey made a motion to accept the guaranteed fixed rate of 1.55% for Shore United Cash Sweep rate. Mr. Morgan seconded the motion, which passed unanimously. b. Board Appointment to Planning Commission Mr. McCluskey stated that there is an opening on the Centreville Planning Commission due to the passing of one of our members. He suggested appointing one of the alternates to a regular position. Mr. McCluskey made a motion to appoint Joseph Cichocki to a regular position on the Centreville Planning Commission with a term expiring 2022. Mr. Morgan seconded the motion, which passed unanimously. c. Kids to Parks Day Mr. McCluskey read the Kids to Parks Day proclamation. The Town has been asked again this year by the National Park Service to proclaim May 16, 2020 as Kids to Parks Day. The proclamation encourages everyone to take a child to a park (national, state, local) on this day. d. Engineering Bid for Utility Construction Project Mr. Walls stated that a bid was released requesting engineering firms to submit a bid to complete an estimated cost of the Liberty/Commerce Street project based on the Town’s final quantity numbers and current unit pricing. The Town did not receive any bids from this request. Mr. Walls reported that some engineering firms were contacted directly and two will be submitting an estimated final cost of the project. Staff will present these at a council meeting. e. Purchase Request – Snow Plow Push Box Mr. Matthews presented the following memos: f. Purchase Request – Snow Plow and Installation Mr. McCluskey made a motion to approve the purchase request for the snow plow push box and the snow plow and installation, as presented by the staff. Mr. Morgan seconded the motion, which passed unanimously. Correspondence A request was submitted to advertise in the Report to the Community for Queen Anne’s County through the Centreville Rotary Club. Mr. McCluskey made a motion to approve a quarter page ad in the amount of $300. Mr. Morgan seconded the motion, which passed unanimously. 2020-02-20-TC Approved Minutes.doc Page 7 of 9 Reports of Department Heads a. Town Manager Mr. Walls reported the following: o working on budgets with department heads o Planning Commission is beginning to work on the Comprehensive Plan o SHA began work on Liberty Street to install new drain pipes and inlets b. Chief of Police Chief Rhodes provided the December 2019 and January 2020 statistical report for the Council, staff, and citizens. Chief Rhodes reported the following: o received a second grant for body worn cameras through LGIT o the body camera was fully implemented in December 2019 o QAC Department of Emergency Services equipped all police vehicles with AED’s o an officer was injured and will be out an additional two weeks c. Town Clerk Ms. Brinkley reported that she will begin contacting current boat slip holders to prepare leases for the coming season d. Main Street Manager Ms. D’Agostino reported the following: o there are two upcoming ribbon cuttings for new businesses: Central Gaming on February 29th and 2 Fellas Restaurant at Hillside with a date to be determined. o Maryland Makers Planning Group has begun planning for this year’s event Citizens Forum Anne McCauley, Long Creek Way; Alicia Palmer, Brook Run Lane, provided comments. Motion to Adjourn There being no further business, Mr. McCluskey made a motion to adjourn the February 20, 2020 Town Council meeting. Mr. Morgan seconded the motion, which passed unanimously. The meeting adjourned at 9:07 p.m. Respectfully submitted, Carolyn M. Brinkley Town Clerk Council Action Items: 1. Approved the January 16, 2020 meeting minutes, as presented and the February 6, 2020 work session minutes, as presented. 2. Approved Joshua Shonts as a council member and hold a reorganization meeting on March 5th. The motion was amended to cancel the March 5th Town Council meeting and hold a reorganization meeting on Thursday, March 12th. 3. Directed the Town Attorney to write charter amendments to implement Option 1 as presented by the Council of Five Advisory Committee, include 3-year terms for the top two (2) vote getters and an initial 2-year term for the third highest vote getter, with 3-year terms going forward. Also, include a provision for a special runoff election in the event there is a three-way tie for the most votes, or a tie for the third highest votes. Also, a charter amendment that if in the future there are only two (2) candidates running in a two (2) seat race, the election shall be cancelled and the two (2) candidates seated. In addition, whatever other changes need to occur to make this transition as seamless as possible, and provide the amendments at our March 12th meeting, so we can have a public hearing early in April and the new seats can be elected at our next regular election. 4. Directed the Town Attorney to include in the charter amendments a change to Section 202 of the Charter “…shall be registered voters of the town for at least six months immediately preceding their election” as well 2020-02-20-TC Approved Minutes.doc Page 8 of 9 as “Any Council member who ceases to reside in the town or is no longer a registered voter during his or her term of office shall immediately resign, terminating his or her membership on the Town Council.” 5. Approved Ordinance 15-2019 for the purpose of amending Section 138-64 of the Town Code, which creates and sets forth the information that shall appear on the record plat. 6. By consensus, all members agreed to change the fireworks to Thursday, July 2nd. 7. Accepted the guaranteed fixed rate of 1.55% for Shore United Cash Sweep rate. 8. Appointed Joseph Cichocki to a regular position on the Centreville Planning Commission with a term expiring 2022. 9. Approved the purchase request for the snow plow push box and the snow plow and installation. 10. Approved a quarter page ad in the amount of $300 to advertise in the Report to the Community for Queen Anne’s County through the Centreville Rotary Club. 2020-02-20-TC Approved Minutes.doc Page 9 of 9