Minutes
Town Meeting
August 3, 2009
Emmitsburg Town Office

Present:  Mayor James Hoover; Commissioners Clifford Sweeney, Glenn Blanchard, Joyce Rosensteel, Denise Etris and Christopher Staiger, President.
Commissioner Blanchard joined the meeting at 7:35
Also present were Donna DesPres, Town Clerk and Dave Haller, Town Manager.

Call to Order  Commissioner Christopher Staiger, President of the Board of Commissioners, called the August 3, 2009 Town Meeting to order at 7:30 p.m. Pledge of Allegiance was recited.

Approval of Minutes  The Minutes of the July 20, 2009 Town Meeting were approved as presented.

Commissioner Comments - none 
      
Mayor’s Comments   Mayor Hoover reported on attending the Sisters of Charity Bicentennial celebration.  They issued a framed “expression of gratitude” to the people of Emmitsburg which will hang in the office.

Administrative Business – none

Reports – none

Agenda Items

Review Grinder Pump Services Policy

Background:  When the sewer line was installed in 1987, 15 homes in the Mountain View Road area also required the installation of grinder pumps.  Since that time, the Town has been maintaining those pumps.  There had been a question from the residents asserting an agreement for the town to provide same.  Research on the part of the town and the residents could not produce such an agreement.  This matter had been an agenda item in 2003 to come up with a policy for resolution but with no final action.  As it is the town’s system-wide policy that it does not perform maintenance on private property, staff asked for clarification in an effort to return the maintenance responsibility to the private property owners.

Public comments:  Paul Smaldone, 17314 Mountain View Road – did receive letter, if not going to service, wants advice when and if a group contract can be obtained. 
Larry McKenna, 17230 Mountain View Road – reviewed minutes and maintenance history review, being a maintenance engineer he saw areas of inadequate repair/maintenance- repeated calls for same problem, expressed that if there was another option at the installation time other than grinder pumps, then that option should be considered

Mr. Haller clarified that staff does not propose removing the pumps, but unlocking them.

In discussion whether the town should continue or modify the policy:  Commissioner Staiger expressed that in his research into minutes, memos, emails, etc. spanning 20 years to gain background information, the policy to relinquish maintenance of these pumps seemed reasonable—that the town’s response personnel are not plumbers.  In discussion of this discovery process, it was news to the Board and management that the pumps were locked, so no independent service would have been able to repair the pump.  It was referenced that now, new construction requires that the homeowner maintain the pumps and is reflected in the development agreements.  The question was put whether to establish the policy that grinder pumps are private property--owner still is responsible from connection point through the house, table/continue the matter or to modify the policy.  Commissioners Etris and Rosenberg objected to table/continue the matter.  Commissioner Blanchard recommended removing the locks, turning responsibility over to property owner, supporting the staff recommendation to not provide service on private property.  When polled, there was no Board support to maintain existing service policy (Monday-Friday, 7:30-4:00).

Motion:  The town does not maintain privately owned grinder pumps, or provide maintenance.  Motion by Commissioner Blanchard, second by Commissioner SweeneyIt was decided not to set a time limit within this motion.
Vote: 5-0 in favor

In unanimous agreement, the Board issued direction for the mechanics of providing a “good faith” exit to the previous policy:  All pumps will be inspected at town expense by a licensed professional to be in good working order.  If pumping is needed, that will be done.  As this is completed, the lock will be removed and the property owner will assume responsibility.  The town will still service the pumps in the interim.  Mr. Haller stated that all pumps are running on this date. 

Discussion of Possible Youth Curfew Ordinance

In response to inquiries from the town’s assigned deputies as to the availability and enforcement of a youth curfew ordinance, the Board was presented with an opinion letter from the town attorney, a copy of the existing ordinance and a sample of a proposed ordinance.  Resident DFC McQuain spoke in his support of the ordinance.  He stated that there is no current juvenile problem in this community, but it’s a good tool to avoid a problem (vandalism, theft during early a.m. hours).   

The town attorney, Mr. Clapp, stated that the ordinance is not enforceable as it is now; the conditions under which a child was allowed to be out were too vague and not defined.  He provided the sample that was found valid by a higher court and suggested modeling after the sample, even though challenges are handled on a case by case basis.  A court looks for the need to be a government interest, i.e., assisting parents, preventing youth from being easy prey for others (being out at odd hours); and, there is the need of statistics to show that there is a juvenile problem. He added that if civil rights are found violated, the officers and enforcers can be found liable.

Lilly Wheeler, 227 West Main Street – need older loiterers addressed too, need neighborhood watch program--they loiter with noise, smoking and drinking; will collect signatures to get neighborhood involved.
Kim Andrew, 321 West Main Street - supports an enforceable curfew which provides other consequences and curtails problems before they start, agrees there is a problem with older kids.
Deputy Harris from Myersville reported that there has been a stark decrease in problems since their institution of a curfew ordinance in December.

Discussion included:  whether to strike existing ordinance or revising the current, being proactive, going with something that has been challenged.  Mr. Haller was directed to revise the current ordinance in the manner of the advised sample. 

Discussion of Youth Bike Helmet Ordinance

As the Sheriff’s Office has received a grant to provide helmets for those in need, our assigned deputies inquired as to the existence and enforcement of a bicycle helmet ordinance.  The town does not have such and a copy from another town was provided to the Board for their review and consideration.  DFC McQuain spoke in support of an enforceable requirement stating issues of safety and cited statistics of injuries.  He referred to an ordinance under which a fine can be assessed if warnings are not heeded that also includes adults.  During the Junior Deputy Academy about 20 helmets were distributed to those in need.  He expressed that it gives another avenue to deter injuries. 

Public comment:  Tim O’Donnell, 4105 Carrick Court – supports helmet, quality of life issue, a helmet can prevent a disastrous loss, good opportunity to ask others to wear helmets, suggested a positive reinforcement (give a buck each time a child wearing a helmet is observed by deputy).

Commissioner Blanchard stated that, coming from a deputy and their school, a child sees the importance, with the key being to include adults. 
Commissioner Etris also expressed her favor of such ordinance including adults, as she has witnessed in ER practice difference of injuries pro or con helmet.
Commissioners Rosensteel and Sweeney also supported and proposed that staff does so along the same lines as Myersville.

Presentation of Comprehensive Plan Draft

Sue Cipperly presented the Board with the final draft of the comprehensive plan with a suggested timeframe for feedback and/or release for public comment.  Commissioner Staiger directed that it’s incumbent for the Board to review and provide feedback at the August 17 meeting in order to take public comment on September 8 and 21 followed up for any changes on October 5.  Ms. Cipperly solicited suggestions for any additional resources which support the concept of the plan.  Mr. Haller clarified for the next meeting that this is the “staff’s draft as we perceive your intentions,”  then it will become the board’s draft.

Set Agenda Items for August 17, 2009 Town Meeting

• Introduction of Kathy Golightly, new Emmitsburg Elementary School principal
• consideration of staff draft comp plan

General Public Comments - none

Adjournment With no further business, the August 3, 2009 Town Meeting was adjourned at 9:14 p.m.                                                                              

Date Approved: August 17, 2009