Minutes
Town Meeting
January 4, 2010
Emmitsburg Town Office
Present: Mayor James Hoover; Commissioners
Clifford Sweeney, Glenn Blanchard, Tim O'Donnell, Denise
Etris and Christopher Staiger, President.
Also present were Vickie Felix and Dave Haller, Town
Manager.
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I. Call to Order
Commissioner Christopher Staiger, President of the Board
of Commissioners, called the January 4, 2010 Town
Meeting to order at 7:30 p.m. Pledge of Allegiance was
recited.
Approval of Minutes
The Minutes of the December 21, 2009 Town Meeting were
approved as presented.
Commissioner Comments
Commissioner Blanchard attended Vigilant Hose Company
banquet along with Mayor Hoover. He reminded residents
that the food bank is still in need of food to keep it
stocked. Commissioner Sweeney commended the town staff
on the snow removal.
Mayor's Comments
Mayor Hoover attended the banquet for the Vigilant Hose
Co. He congratulated Bob Rosensteel and Wayne Powell who
were both entered into the Hall of Fame for Vigilant
Hose and also Town Director of Public Works James Click
was an outstanding member for the year. Through the MML
he was invited to the White House.
Administrative Business
Commissioner O'Donnell asked if the County did any
recycling for the town office. Mr. Haller answered that
the County does not have enough money in their budget,
but town staff has been doing it themselves. Mr. Haller
announced that Christmas trees will be recycled at the
same site as yard waste at the Waste Water Treatment
plant on Saturday 1/9/10 and Saturday 1/16/10; times
will be posted on channel 99 and the web.
Reports:
Treasurer's Report - Commissioner Glenn Blanchard. See
attached report, Exhibit A.
Committee Reports - Commissioner O'Donnell reported that
the Planning Commission met without an agenda and
welcomed Joyce Rosensteel to the committee. Representing
the Streets & Transportation Committee, Commissioner
Sweeney reported there were not enough members for a
quorum.
II. AGENDA ITEMS
Ordinance 10-02 - to exempt Emmitsburg from
Frederick County's Ordinance 09-28-532 relating to
Frederick County's APFO
Commissioner Staiger read Ordinance 10-02. Mr. Haller
commented that this is presented as a recommendation
from the town attorney. Most municipalities that have
entered into the request for a judicial review of the
County ordinance are also enacting identical ordinances.
Motion: to adopt Ordinance 10-02 to exempt
Emmitsburg from Frederick County ordinance 09-28-532
relating to Frederick County's APFO.
Motion by Commissioner Etris and second by Commissioner
Sweeney.
Vote: 5-0 in favor
Ordinance 10-03 - Text Amendment to Chapter
9.16.010 - Weapons
Mr. Haller stated that recently there has been an
enforcement effort made related to this ordinance, when
he read the ordinance he thought this part was outdated
for two reasons 1) there is no police chief and 2) He
thought it would allow possibly for a dual standard of
enforcement of this ordinance. Commissioner Staiger read
ordinance 10-03. The recommendation is to strike out the
words "without a written permit from the chief of
police" Public Comment: Larry Little, 224
Depaul Street - stated that he hunts in this area
which is on the east side of route 15, on approximately
200 acres of farmland. He has hunted on this land for 25
years. Distance between town and this field is a long
way. Town has no authority that he can't hunt. He feels
this property should be exempt from this ordinance.
Commissioner O'Donnell feels board should take another
approach. He commented instead of striking out "chief of
police" consider replacing with the "Frederick County
Sheriff's Office". Commissioner Staiger pointed out that
it has been unlawful to hunt on that land based on the
town's ordinance regardless of how long people have been
shooting on that land. This is private property,
therefore, it wasn't regulated in the same way the town
would regulate town-owned property. Mayor Hoover
interjected that the ordinance should be cut and dry so
there is no potential for it to be bias. Commissioner
O'Donnell stated this is a unique parcel of land
separated from the residential areas of the town. Could
a different category be made? Mayor Hoover stated that
would be making the ordinance based on a single
property, not on the town. Commissioner Etris has
concerns that if this is opened up to allowing firearms
it becomes a potential danger because of irresponsible
people. She spoke of areas in Pennsylvania that are
similar to this piece of property and allow only
handicapped hunters. She thought this could be another
approach.
Commissioner Staiger commented that it's potentially
arbitrary to decide now to enforce this ordinance when
it doesn't appear to have caused a problem in the past.
His recommendation is change the ordinance striking
"without written permit from the chief of police" to
"without approval from the Board of Commissioners".
Mayor Hoover recommended that there should be
guidelines. Commissioner Etris added that there should
be guidelines established before it is actually voted
on. Mr. Haller will come up with some recommendations
for a policy. Agenda item tabled.
Ordinance 10-01 - Establishing an Advisory
Committee
Mr. Haller stated that he and the Mayor have been
working on this for some time. Mayor Hoover said this
proposed committee would meet based on direction from
the Board of Commissioners. If the Board of
Commissioners don't give them a charge or task the
committee would not have a scheduled meeting. It could
have up to 6 members; one member could reside outside of
the town limits. Commissioner Sweeney asked if this
would take place of the other committees. Mayor Hoover
responded that it would be up to the Board. Passing this
ordinance would not automatically remove the other
committees, that would have to be done by a different
ordinance. Commissioner Sweeney supported an advisory
committee. He recommended that this committee replace
Parks and Recreation, Water, Streets and the Charter
Review committees. Commissioner Staiger commented that
the only exception should be Parks and Recreation that
seems to function pretty well. Commissioner O'Donnell
expressed concern that if committees are deactivated
they will loose input from the community. Commissioner
Staiger stated that the advisory committee will not
segment what the members can discuss. Commissioner
Staiger requested with a show of hands how many Board
members wanted to moved forward with the advisory
committee. 4 in favor, Commissioner O'Donnell opposed.
Mayor Hoover stated currently the ordinance says the
town "shall" have a meeting-- could replace with "may".
The only committees that would be deactivated would be
the water, streets and the charter review. Commissioner
Staiger's recommendation on 2.80.010 under "purpose"
strike "as requested by the Board of Commissioner for
consideration": unanimous consent. Commissioner Etris
recommended changing "shall not exceed six members" to
"shall not exceed 10 members": unanimous consent.
Commissioner Sweeney recommended that under 2.80.020
"composition, duties, meeting" to specify the committee
should have a minimum of four meetings per year:
unanimous consent. Commissioner O'Donnell recommended
that it should be one meeting per quarter: unanimous
consent. Under section 2.080.020 item A - Commissioner
Staiger recommended that the committee should be
appointed by the Mayor or the Board of Commissioner's
Representative with the consent of the Board of
Commissioners: unanimous consent. Under item C, second
sentence should say "" instead of "Chairperson". Under
item E, change "sit" to "site". Under item F, add by
"town staff" after the word "telephone". Town staff will
make proposed amendments and bring back to the Board the
revised document.
III Set agenda items for January 20 Town Meeting
1. Board of appeals appointment
2. Proposed revisions to chapter 17-20 Commercial
Districts; Section 17-08-140 Off street parking
requirements; Section 17-08-16 Obstructions of vision at
intersections; Section 17-04-020 Definitions
3. Recommendations for new conservation parks district.
IV Public Comments
Larry Little, 224 Depaul Street - expressed
concerns regarding the helmet law and the curfew
ordinance. Commissioner Staiger stated both these
proposals were from the deputies.
V Adjournment
With no further business, the January 4, 2010 Town
Meeting was adjourned at 9:05 p.m.
approved January 20, 2010
