Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland

Minutes Town Meeting Emmitsburg
Town Office
August 7, 2006

Present:  Mayor James Hoover; Commissioners Joyce Rosensteel; Glenn Blanchard, William O'Neil; Clifford Sweeney and Christopher Staiger, President. Also present were Vickie L. Felix and Dave Haller, Town Manager.

Call to Order  Commissioner Christopher Staiger, President of the Board of Commissioners, called the August 7, 2006 Town Meeting to order at 7:30 p.m.  There was a moment of silence to honor the service and sacrifice of Marine Lance Cpl. James W. Higgins Jr. who was laid to rest just recently after being killed in the Al Anbar province of Iraq.  He was a 2003 graduate of Catoctin High School.

Approval of Minutes The Minutes of the July 3, 2006 Town Meeting, July17, 2006 Town Meeting and the July 17, 2006 Annexation Workshop were before the Council for approval.  The July 17, 2006 Town Meeting had several changes which included on page 2 section titled Silo Hill intersection traffic control.  Midway down paragraph "6 to 8 months depending upon how soon they" strike the word "they" and insert SHA.  In following paragraph under discussion right after Commissioner O'Neil should be "circles are aesthetically pleasant.  However".  On page 3 under continuing APFO review in the middle of the paragraph insert Additionally, strike out "in the current charter 16.16.100, the fee schedule would have to be increased" insert "to raise the fee schedule for new home construction as embodied in the Town Charter 16.16.100 will need to be increased."  Also two points that were missed as part of the explanation of the motion 1.  State must bid and hire a contractor 2.  and there were other municipalities in queue.  On page 4 second paragraph states "It is time when the town had the right."  strike "had the" and insert "granted the right by the state of Maryland to be a governing body."  Two sentences down it should state "let them take ownership".  Also at the end of that paragraph take out "The Board had discussion about fiscal support and some of the ways the town has helped in the past events in Emmitsburg. " Insert " The Board informally and unanimously considered supporting/funding all events honoring the towns history."  Under public comments end of paragraph after "Shooting into their garden on her property" add "from town property".

Motion:  to approve July 17, 2006 Town Meeting minutes as amended. Motion by Commissioner O'Neil second by Commissioner Sweeney. Vote: 5-0 in favor

Motion: to approve July 17, 2006 Public Workshop minutes as submitted. Motion by Commissioner Blanchard and second by Commissioner Rosensteel.
Vote: 5-0 in favor.

Motion:  to approve the July 3, 2006 Town Minutes as submitted.  Motion by Commissioner Rosensteel and second by Commissioner Staiger.
Vote: 5-0 in favor.

Commissioner Comments

Commissioner O'Neil commented on a editorial from Dispatch relating to - why do we have discussion sessions when other legislative bodies do not have discussion sessions.  He also commended the planning board members and residents Mr. Kapriva and Mr. Little.  He read the comments in the Emmitsburg Comprehensive plan update moves forward. Congratulation and thanks for all your hard work and getting it to move forward.  He was also glad to see that the new consultant was able to facilitate that in a much more expeditious rate.  Commissioner O'Neil also commented on the portion in regards to portable classrooms.  Lastly, he commented on a personal issue.  He announced the reason he missed some meetings was due to a health problem.  He had a quarter size growth in the center of his skull which turned out to be a benign growth.  The doctor stated it is close to the optic nerve so it cannot be operated on.  He will have to have it checked every six months.  He thanked his colleges and town commission for support and kind words.

Commissioner Blanchard attended the MML conference in Ocean City in June 2006.  Upon return from Ocean City he traveled to Orlando where he attended the National Education Association conference as a delegate from Frederick County.  Conference was interesting and informative.  Upon return from Florida he traveled to Los Angeles where he attended a conference on constitutional law and citizenship.  The process was informative and made him appreciate the structure of government that we have in our country.

Commissioner Staiger had a chance to attend the last meeting of the planning commission where the section of the APFO was presented.  He commends all the people on that Board for their hard work moving this progress forward.

Mayor's Comments

Mayor Hoover reported on the teen pool party on July 28th.  He stated it was poorly attended which was a little disappointing.  He also attended the rededications of the fallen firefighters chapel.  It was very nice.  The contractors did a nice job and the services was good.

Administrative Business

Commissioner O'Neil - the art contest a rousing success.  He had a chance to talk with Joan Fischer, Friends of Emmitsburg Library.  One of the thing she mentioned was to be able to keep the art work on display at the Library until their official 100th anniversary which is in December.  He asked the rest of the Board to grant that wish because the Board voted on the rules and the rules require that the artwork be posted in the chamber.  One of the other things that they talked about was allowing the Library to use the art work for fund raisers.  After the December date the art work would come back to the Commission Chambers until the next art contest was held.  The other thing he stated was that he appreciated the e-mails relating to the broadcasting of the meetings.  He recommended that the broadcasting of the minutes be run again in the early evening for people who work.  He requested that he would also like to get a copy of each of the sessions and he will supply the materials.  It would be great for him as a informational tool.

Commissioner Staiger to Mr. Haller - has the memo been put together for the project on West Lincoln Ave?  Mr. Haller has not fully defined that yet.  He stills has some meetings with other members of staff and Fox and Assoc. to fully access everything.  As soon as that is done he will have that for Commissioner Staiger.


Treasurer's Report - Commissioner Joyce Rosensteel reported on July 2006 activity.  See attached report, Exhibit A.

Committee reports - Commissioner Blanchard reported that the Planning and Zoning Commission met on July 31, 2006.  The minutes were approved.  Two items on the agenda.  Obstruction of side walk table ordinance which was tabled and the rest of the meeting was spent looking through the Comprehensive Plan which they think will be done by December.  Representing the Water Committee, Commissioner Rosensteel reported that a copy of the minutes were submitted to Mayor Hoover, but she did not have her copy tonight.  Will be sure to bring a signed copy to next meeting.

Agenda Items

Update Employee Handbook

Mr. Haller stated this is a house cleaning adjustment to the Employee's Handbook. Whereby an employee must complete 90 days of employment and obtain permanent employee status prior to being granted personal leave.  Presently an employee receives personal leave after 40 days of employment and without becoming a permanent employee.  This will make the code and the handbook in agreement.

Mayor Hoover asked are we asking for 90 calendar days?  Mr. Haller stated yes, that's what the probationary period is.  Mayor Hoover requested that the word "calendar" be inserted.  Commissioner O'Neil supports the Mayor's request, he thinks that it needs some specificity, could be challenged later.  He thinks the insertion of the word "calendar" is wise.

Motion:  to approve the update of employee handbook as submitted and insert the word calendar after at least 90 days. Motion by Commissioner O'Neil and second by Commissioner Rosensteel.
Vote: 5-0 in favor

Ordinance 2006-14 to Purchase 140 S. Seton Ave and Ordinance 2006-15 to Borrow a Portion of Purchase Price

This item relates to two ordinances pursuant to the formalization of the purchase of 140 South Seton Avenue and the borrowing of the money to purchase said property.  Both have been prepared by Mr. Clapp and staff ask for request to approve them.

Commissioner O'Neil inquired if the property was going to be partially used for municipal parking?  Mayor Hoover stated that was the desired intent when buying the property. There is a residential unit attached to it and will continue to be rented out as a residential.  Would the gravel parking lot in the rear be used for residential in the future and the front be used for the municipal parking lot?  Mr. Haller stated they have done a preliminary design on the property and with allowing two parking spaces directly behind the residential unit it will still support 38 spaces for the towns use.  Traffic would come in off South Seton and process its way through the property and come out on School Lane. Mayor Hoover interjected that the commercial structure would come down.

Motion:  To approve ordinance 2006-14 to purchase 140 S. Seton Ave. Motion by Commissioner O'Neil and second by Commissioner Sweeney.
Vote: 5-0 in favor

Motion:  To approve ordinance 2006-15 to borrow a portion of purchase sale. Motion by Commissioner Sweeney and second by Commissioner Rosensteel.
: 5-0 in favor

Ordinance 2006-16 Incorporation Date

This item relates to the proposed official acceptance of 1825 (the date of incorporation) as the official date of establishment of the Town of Emmitsburg as an official legal entity. Commissioner O'Neil stated that the resolution is fairly self explanatory.  These are all factual statements taken from the State of Maryland.  Basically the bill was introduced during the December 1824 to January 1825 session.  The motion was made to incorporate the town and was officially passed on Thursday, January 13, 1825.  That's when it became law.  Maryland officially gave the town the right to self government.  All this is saying is this is when Town legally became a recognized entity in the state of Maryland and this is the date that should be recognized by government.

Public Comment:

Mike Hillman, Historical Society - The historical society obviously agrees with this ordinance.  He checked per Mr. O'Neils request and did go back to the archives and it was as he said the December - January winter session that brought about the incorporation of Emmitsburg.  And it was signed out on January 13, 1825.  There was some discussion whether the flags would be changed.  Mayor Hoover commented this was done once before in 2003 but not by resolution, which was probably a mistake because it reverted back the following meeting.

Motion: To approve ordinance 2006-16 to officially observe the date of incorporation of the Town of Emmitsburg Maryland. Motion by Commissioner Blanchard second by Commissioner Rosensteel . Vote: 5-0 in favor

Code Section 16.16.100:propose Change to Recreational Fees

This item relates to a discussion of the existing recreation fees and the consideration of new or adjusted recreation fees.  Mr. Haller submitted to the board a copy of the existing fee structure to use as basis to start discussion.

Commissioner O'Neil explained that when the Board looked at the APFO recreation section, specifically in section 1-20-61 wherein code section 16.16.100 are referenced in items C, J, K but more specifically in J - Fees, it was necessary to review the existing fee schedule.  After much discussion the Board unanimously agreed instead of having multiple references to go with what is in the APFO, which will be an ordinance unto itself.  As part of the enactment of the APFO will obliterate the three paragraphs A,B,C of section 16.16.100 of the code.  Commissioner O'Neil will have to rework the APFO and remove the reference of the code.

Set Agenda Items for August 21, 2006 Town Meeting

  • Resolution 2006-13R regarding Budget Schedule 5-0 approval
  • Changes to Emmitsburg Code 16-20 Improvements Section - discussion 5-0
  • Changes to Emmitsburg Code section 2-12 duties of Town Clerk 5-0 approval
  • Resolution to reconfirm position of the Town Clerk 5-0 approval
  • Set agenda items for September 5, 2006 Town Meeting

Approved ordinances, and/or resolutions were signed.

Public Comments

Larry Little 224 Depaul Street- commented on the article in the Dispatch on wildlife preserve.  Don't try to do wildlife management.

Adjournment With no further Business and upon unanimous vote, the August 7, 2006 Town Meeting was adjourned at 8:34 p.m.

Date Approved: August 21, 2006