Minutes
Town Meeting
Emmitsburg Town Office
December 17, 2007

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

Call to Order  Commissioner Christopher Staiger, President of the Board of Commissioners, called the December 17, 2007 Town Meeting to order at 7:30 p.m.

Approval of Minutes  The Minutes of the December 3, 2007 Town Meeting were before the Council for approval.  The Minutes were approved as presented.

Commissioner Comments  Commissioners highlighted civic meetings and expressed Christmas and New Year wishes.  Commissioner Staiger stated that a planning commission meeting is a good experience and attendance is encouraged.  Mr. Haller will be attending January 28 to help with the water segment of the comp plan, and is instructed to educate the commission on the manager's position.

Mayor's Comments  Announced coordination with Mt. St. Mary's activity department, creating the "powerful partnership" schedule of events.

Administrative Business  none

Reports:

Town Manager Report - submitted report on the public works department monthly activities to include a water production and consumption analysis.  He fielded Board questions regarding no grease trap ordinance and water use for backwash.

Police Report - Deputy Gast. Report at Exhibit B.

Agenda Items

Sign Ordinance 07-02

The Board listened to public comments to include remarks regarding: limit for only one internally lit sign, inconsistency, quantity of signs allowed, changes from planning commission submission Those local business interests making public comment: Robert Wilson, State Line Gun Exchange, 115 West Main Street Susie Glass, the Ott House, 5 West Main Street Wendy Gray, Main Street Sweets, 1 West Main Street Libby Briggs, 137 South Seton Avenue Dan Reaver, 100 Creamery Court Bob Rosensteel, 110 DePaul Street Dora Conolly, 20 East Main Street Don Briggs, 137 South Seton Avenue Tim O'Donnell, 4105 Carrick Court - asked the Board to reconsider what the planning commission put in front of them, that it was intensely researched and they listened to a lot of people, particularly the business factor. He stated that the original amendment allowed internally lit signs to allow business to increase their income; that the Board revision appears as if it's "anti- business", sending this message; that there should be a balance between commerce and community; and suggested that the Board be polled as to who read the ordinance before this meeting and before the last meeting. Commissioner Staiger replied to the comments that a lot of different signs are allowed in the village zone, where previously no internally lit sign was allowed, now one neon sign can be used, iterated that there are alternatives available- -there is no problem with flat signs being lit with a light shining on it, that the limit of only one per business applies only to control in the village zone.

Board discussion: Commissioner Staiger: nothing regarding the number and type of signs as it was received from the planning commission has been changed by the Board, this can continue to be kicked around another 13 months but what would be gained, this ordinance addresses overall signage in the town, mainly the size in what zoning area, the problematic response has been regarding what is being controlled in the village zone. The change regarding the removal of the monument signage issue is because it is not in concert with parking in town, there's a lack of clarity about definition of monument sign. The amendment review is a long process, difficult every time to have one more thing addressed, always a battle between completing and changing one more thing.

Motion: §15.16.050 A.4. Insert the words "the nonconforming sign" between "...days" and "shall be removed..." Commissioners Staiger and Blanchard
Vote: 5-0

Commissioner Staiger informed the Board that he had directed that the terminology of "directly lit" in an approved change on November 19 be changed to "internally lit" Motion: §14.16.080 B.4. To accept the change "directly lit" from the approved change to "internally lit" Commissioners Staiger and Blanchard Vote: 4-1, Sweeney opposed

Upon his inquiry, Commissioner Sweeney was informed that staff did not aggressively enforce the "open" neon signs (previously not permitted) knowing that a change in the ordinance was in the making.

Commissioner Blanchard stated that the planning commission worked through these issues to benefit business as much as it could to keep in harmony business and community balance. Commissioner Etris expressed that one concern is that it has been hashed for some time and it's the first time she's heard these concerns from the business sector, the revision has been going on, something needs to be in place now- - things can be changed later if circumstances prove otherwise. Commissioner Rosensteel commented that she agrees in understanding the business community's concerns. Mayor Hoover added that the comments brought up at this meeting don't address anything that this Board has changed. Commissioner Staiger pointed out that the major change submitted by the Board was that of nonconforming signs, when needing repair, may not continue to be used once they are removed. Commissioner Sweeney supported changing the amount of signs per business frontage. Motion: §15.16.080 B.4. insert "on each road frontage" between "...per business" and "inside the building..." Commissioners Staiger and Sweeney Vote: 5-0

Mayor Hoover recommended that in the permitted signs per zoning chart, "small" temporary signs should be clarified. Motion: §15.16.090 B.9.A change the maximum sign area size of those temporary signs allowed without a permit from "4" sq. ft. to "8" sq. ft. and the maximum sign height from "4" ft. to "6" ft. and change the maximum sign area size of those temporary signs requiring a permit from "4 to 32" sq. ft. to "8.1 to 32" sq. ft. Commissioners Staiger and Blanchard Vote: 5-0

Staff suggested that to prevent confusion in the general regulations section, to add an explanatory reference to village zone internally lit signs. Motion: §15.16.030: add "P. Internally lit signs are allowed in all zones, except in village zone where they are regulated per section 15.16.080(4)". Commissioners Staiger and Blanchard Vote: 5-0

Motion: To approve Ordinance 07-02 , amending Title 15, Code of Emmitsburg, known as the "sign ordinance" Commissioners Blanchard and Etris
Vote: 5-0

Christmas Season Parking Meter Policy Motion:

To allow free meter parking between December 16 - January 5, to resume on January 6, 2008.
Motion by Commissioner Blanchard second by Commissioner Sweeney
Vote: 5-0 in favor

Circus Proposal for 2008

Mayor Hoover proposed a circus performance by Kelly Miller Circus on Wednesday, May 28. The difference from 2007's performance is that Emmitsburg would be a normal sponsor, providing space, dumpsters, water and receiving a percentage of ticket sales based on a scaled formula of quantity and advance/same-day sales. No permit is needed from the County, just a $15 special food permit, and a $305 up-front ($290 guarantee). He added that other circuses require a $3000 guarantee. Board discussion addressed alternate acts, revenue appropriation, and scheduling. Main concern was that it may coincide with the Mother Seton School carnival and that it was an early performance on a weeknight.

Motion: To have the Kelly Miller circus come back to town in 2008. Motion by Commissioner Staiger, second by Commissioner Sweeney Vote: 4-1 in favor Commissioner Etris opposed It was discussed that if a weekend date is available, the mayor has the discretion to book it, if the date is the same as MSS carnival, then not.

Town Planner Position Review

As a response from board inquiry, Mayor Hoover explained the open Planner position. The current zoning position will be modified, that personnel will revert back to an inspection function, there will be an approximate 30% reduction modification in salary and hours. The current consultant avenue in planning matters has not worked out as planned, comp plan was not budgeted to stretch out with the consultant costs, and the addition of the water element has stretched it out too. The comp plan would continue to use the consultant until comp plan is finished. Mr. Haller added that the town will be benefitted as there are ever-increasing MDE and DNR updating and regulations and mandates. The day-to-day planning services will be greatly enhanced having an in-house planner. In answer to commissioner queries, he responded that it will be a full time position and that a bachelors or greater in planning or related field and 5-10 years experience is being required.

Public Comment: Libby Briggs, 137 South Seton Avenue - deadline is coming up, consider the benefit package, reminded the Board that Emmitsburg is only 2500 people, don't have the influx of other towns, that it's a luxury for a town this size, would like to see the planner look at the green areas, i.e., how the storm water comes through the parkland. Don Briggs, 137 South Seton Avenue - would like that the interview be shared with Mr. Haller and Chairman of planning commission

Board of Appeals Appointment Motion:

To appoint Mayor Hoover's recommendation of Mark Gelwicks for the vacant position on Board Of Appeals.
Motion by Commissioner Rosensteel, second by Commissioner Etris
Vote: 5-0 in favor

Memorial Park Bench Authorization

Commissioner Etris introduced the concern of uniformity of park memorial benches so suggested that the parks committee be the authority to make the selection to bring to the board for approval. Motion: To put the Parks Committee in charge of identifying two or three styles of benches for formal approval for installation of various parks throughout the town. Discussion was that the parks committee is the tool to do the groundwork for such projects.

Motion by Commissioner Staiger, second by Commissioner Etris
Vote: 5-0 in favor

Public Comment: Tim O'Donnell, 4105 Carrick Court - as a member of parks committee, set up uniformity and quality control, getting citizens involved can lighten the load, something that endures, maybe make this a fun event, a "test-drive" of styles, if the committee is delegated to use, it evoke more volunteer support.

Set Agenda Items for next Meeting

• Mt. St. Mary's presentation for partnership program
• review pay scale
• review of HR consultant position, list of achievements Vote: 5-0

Approved ordinances, policies and/or resolutions were signed.

Public Comments - none

Adjournment With no further Business, the December 17, 2007 Town Meeting was adjourned at 9:59 p.m.