Minutes
Town Meeting
Emmitsburg Town Office
November 19, 2007

Present:  Mayor James Hoover; Commissioners Glenn Blanchard, Joyce Rosensteel, Denise Etris and Christopher Staiger, President. Also present were Donna DesPres and Dave Haller, Town Manager.

Absent: Commissioner Cliff Sweeney with prior notice

Call to Order Commissioner Christopher Staiger, President of the Board of Commissioners, called the November 19, 2007 Town Meeting to order at 7:30 p.m.

The Minutes of the November 5, 2007 Town Meeting were approved as presented.

Commissioner Comments

Commissioner Blanchard reminded everyone about the holiday food bank.

Commissioner Etris reported on the LGIT commemoration ceremony for charter members that she attended and brought the plaque presented by LGIT.

announced that he would not be at the next meeting.  He updated the Board in re special legislation in Annapolis, new taxes and fees, Delegate Stull will report at a future meeting.  Of particular interest to the area counties was Bill 14 which would have given the state proceeds from tip jars to be divvied up to the entire state. He will participate in a scholarship fund raiser by working at McDonald’s on December 4.

Items mentioned:  town planner recruitment, no communication from County Commissioner Gardner re slot machines issue, any interest for a future agenda item for the Kelly Miller circus for next year-- Wednesday, May 28, 2008 is available–opportunity for income from this is available acting as a sponsor, and asphalt/concrete edge replacement at tree wells was corrected.

Police Report - Corporal Grumwell.  Detailed report at Exhibit B.

had to reschedule

Mr. Haller has been working with this CASS, UpCounty, and Frederick County to obtain a NCTRAC transportation grant.  This would be a van service to transport needy people to agencies, appointments, work, etc.  The organizations have asked for town support in the form of $3,000 a year for van maintenance and possible oversight of the temporary grant funded employee.

Motion:  To support up to $3000 annually for van maintenance for the NCTRAC and provide oversight of a grant funded employee.
Motion by Commissioner Blanchard second by Commissioner Rosensteel
Vote: 4-0 in favor

Mr. Haller reported that the water consumption is about same as last month, but still more than the same period last year.  The wells have just started to recover. Rainbow Lake is 2.7 feet below the spillway.  He recommended that consumption restrictions remain status quo

Mayor Hoover presented the request from Mt. St. Mary’s to share a portion of Emmitsburg’s bond authority to secure a better interest rate on the bond financing of their renovation project.  He recommended to go forward with $10 million for this calendar year.

Mr. Lebherz spoke to the request stating that major capital program upgrades are needed, and this is a way to deepen the economic relationship between town and the university. There was no opposition upon Commissioner Staiger’s poll.  The staff will prepare a resolution for adoption at the December 3 meeting.

Motion:  To support the $10 million bond authorization to Mt. St. Mary’s University and to authorize staff to move forward with the resolution preparation.
Motion by Commissioner Blanchard, second by Commissioner Rosensteel
Vote:  4-0 in favor

This ordinance is presented from the Planning Commission for review by the Board. The amendment consists of mostly additions to the existing Code.

§15.16.020 - no opposition to recommended additions

item F:

The Mayor expressed that a freestanding sign should be allowed in a parking lot.  He questioned how a lot would be identified if no sign board is allowed.

Public comment:  Tim O’Donnell, 4105 Carrick Court - for safety issues i.e. backing into, to make standard that signage in town to be pleasing, "Trying to avoid visual clutter".

Commissioner Staiger asked in there was any interest in removing item F. Only the Mayor responded affirmatively.

item G:

Commissioner Staiger questioned why would there be a need in the village zone and nowhere else.

Motion: To remove "except in the village zone" to proposed amendment to §15.16.030 G
Motion by Commissioner staiger second by Commissioner Etris
Vote: 3-1 in favor Blanchard opposed

item F revisited:

Motion: At §15.16.030 F, change verbiage to refer to an area over 2 sq. ft.
Motion by Commissioner Staiger, second by Commissioner Blanchard
Vote: 4-0 in favor

item K:

Mayor Hoover pointed out that item K contains 2 different issues and should be made separate.

Motion: The remaining text of §15.16.030 K after "...receipt of such order" will become a separate item O.
Motion by Commissioner Staiger, second by Commissioner Blanchard
Vote: 4-0 in favor

item M:

The matter of window signs was discussed as to this allowing a lot of extra signage dependent upon place of business, no maximum area indicated--just increased size, definition of window vs. pane, and allowing businesses to maintain non-conforming signs.

There was a question of defining those signs "existing prior".

Motion: To item §15.16.050 A, add the word "permitted" as the first word of the item preceding "signs...."
Motion by Commissioner Staiger, second by Commissioner Rosensteel
Vote: 4-0 in favor

items A.1, A.2, A.3, A.4:

Commissioner Staiger questioned if the Board wants to perpetuate nonconforming signs or have them removed when they come to meeting the provisions of the Code. Commissioner Blanchard expressed that transfers of business takes a longer time, the Code needs a sunset provision. Commissioner Staiger countered that there’s a need to limit the life cycle of a non conforming sign, to take out the ability to automatically "roll-over" the sign allowance.

Motion: To §15.16.050 A.1. remove the words "for purpose of repair"
Motion by Commissioner Staiger, second by Commissioner Blanchard
Vote: 4-0 in favor

Motion: In §15.16.050 A.2. remove words "for a single...more" to read that such sign may not be replaced
Motion by Commissioner Staiger, second by Commissioner Etris
Vote: 4-0 in favor

item A.3.:

Motion: §15.16.050 A.3. add the word "not" between "may" and "continue"
Motion by Commissioner Staiger, second by Commissioner Rosensteel
Vote: 4-0 in favor

Commissioner Etris asked if a time period is needed.  It was directed that it would be left up to the discretion of staff.

item A.4.:

Commissioner Staiger stated that it was his initial thought to strike this section.  The Mayor expressed that it should be allowed if for some reason a business is closed for rehab.  Commissioner Staiger’s position was that any inactivity voids the allowance of the nonconforming sign.

Motion: In §15.16.050 A.4. remove the section "whether because of a...be removed and"
Motion by Commissioner Staiger, second by Commissioner Blanchard
Vote: 4-0 in favor

item C:

Motion: Move §15.16.050 C. to temporary signs section as §15.16.100 F.
Motion by Commissioner Blanchard, second by Commissioner Etris
Vote: 4-0 in favor

Changes to §15.16.050 are to effect the retirement of nonconforming signs.

§15.16.070 special exceptions:

Since conditions were not specified, it was the opinion of the town attorney to remove this section.  Mr. Haller added that if someone felt that an administrative error has occurred in their denial of a permit, then they have the right to appeal.

Motion: to remove §15.16.070 A. and §15.16.070 B.
Motion by Commissioner Etris, second by Commissioner Rosensteel
Vote: 4-0 in favor

§15.16.080 village zone:

Motion: to remove item §15.16.080 B.7. since internally lit signs are covered in §15.16.080 B.4.
Motion by Commissioner Staiger, second by Commissioner Etris
Vote: 4-0 in favor

§15.16.090 temporary signs:

Discussion of temporary sign regulations included the question of if temporary signs need to be permitted, the size of a temporary sign before needing a permit, regulation of a temporary sign, the definition of a temporary sign, and suggestion of regulating the board the sign is on (rather than considering the content to determine if it’s temporary). Commissioner Staiger stated that then the question becomes, "Can we live with just removing the regulation of temporary signs?"

Public Comment:  Patrick Joy, 4035 Carrick Court - iterated Mr. Haller’s test of if the sign has to be read (content) to determine if it needs a permit, then it is illegal.

Mayor Hoover suggested not to include square footage, it doesn’t matter, the definition should be the same whether or not to regulate/permit it.

A motion to delete §15.16.090 B.9. was made and retracted.  Mayor Hoover commented that the temporary signs item needs 2 sections:  1 for those smaller not needing a permit and one for larger to indicate a permit need.

Motion:  In §15.16.090 B.9. add 2 categories for temporary signs:  those less than 4 sq. feet with a maximum height of 4 feet do not need a permit, and those 4-32 sq. feet with a maximum height of 8 feet do need to be permitted.
Motion by Commissioner Staiger, second by Commissioner Rosensteel
Vote: 4-0 in favor

It was pointed out that, for the record, all discussion does not include political signs.

§15.16.100:

Motion:  In §15.16.100 C. remove "excluding help wanted signs"
Motion by Commissioner Staiger, second by Commissioner Rosensteel
Vote:  4-0 in favor

Item D is unnecessary as the ordinance already says this and the time frames are already defined in 090 B.

Motion:  To remove item §15.16.100 D.
Motion by Commissioner Staiger, second by Commissioner Blanchard
Vote:  4-0 in favor

Motion:  In §15.16.100 E. insert words "attached" and "a" before "to" and "building"
Motion by Commissioner Staiger, second by Commissioner Rosensteel
Vote: 4-0 in favor

Motion:  In §15.16.050 C. (revised here to §15.16.100 F.) replace the word "may" with "shall".
Motion by Commissioner Staiger, second by Commissioner Etris
Vote: 4-0 in favor

Motion: In §15.16.110 replace "zoning administrator" to "town manager"
Motion by Commissioner Staiger, second by Commissioner Rosensteel
Vote: 4-0 in favor

The revised ordinance will continue to be considered at the December 17 meeting.

• water capacity management plan
• Mt. St. Mary’s bond resolution
• possible visit from Senator Brinkley with a summary of the last legislative session

Agenda items for the December 17 meeting are to include the sign ordinance, circus request and BOA appointment.

PUBLIC COMMENTS - none

Adjournment  With no further Business, the November 19, 2007 Town Meeting was adjourned at 9:54 p.m.

Date Approved:  December 3, 2007