Minutes
Town Meeting
September 8, 2009
Emmitsburg Town Office

Present:  Mayor James Hoover; Commissioners Clifford Sweeney, Glenn Blanchard, Denise Etris and Christopher Staiger, President. Also present were Vickie Felix and Dave Haller, Town Manager, Joyce Rosensteel joined the meeting at 7:41 p.m.

Call To Order  Commissioner Christopher Staiger, President of the Board of Commissioners, called the September 8, 2009 Town Meeting to order at 7:30 p.m. Pledge of Allegiance was recited.

Approval Of Minutes  The Minutes of the August 17, 2009 Town Meeting were approved as presented.

Commissioner Comments

Commissioner Blanchard announced the Thurmont Emmitsburg Community Show will be coming up. They will be honoring the Vigilant Hose Company’s 125^th anniversary. Mr. Blanchard agreed to carry the flag. Two events will be held on October 4, 2009:  the Fallen Fire Fighters Memorial Service and Sea Services Mass at the Seton Shrine.

Mayor’s Comments

The State budget cuts affected all municipalities. Emmitsburg got cut approximately $125,000 to $150,000 in state aid, which comes out to 10% of the general fund budget. He has met with staff and they will do an evaluation of the town’s budget over the next several months. The State has a mandatory review of their budget in December of each year and if the projections don’t get better for the State it is likely that the State will cut more. At this point it is not known what the County’s response will be as the Town gets aid from both. He stated that more will have to be done with less.  He stated that the plan of action is to weather the storm and see what the Town’s projections will be.

Administrative Business

Commissioner Etris questioned about the playground equipment in community Park. Mayor Hoover gave an update stating they are moving forward with previous budget monies for playground equipment to replace the equipment that was broken. Commissioner Staiger asked if the budget transfer from fiscal year 2009 has been finalized. Mayor Hoover stated they’re still working through the audit process. The final reconciliation will probably come to the Board the second meeting in October 2009.  Commissioner Staiger expressed concern of programs being cut without the consent of the Board.

Reports:

Treasurer’s Report - Commissioner Joyce Rosensteel.  See attached report, Exhibit A.

Committee reports -   Commissioner Rosensteel reported that the Planning Commission had no items on the agenda, nothing to report. Commissioner Etris reported that the Parks Committee did not have a meeting because only one member showed. The concert in the park was cancelled due to rain.      

Agenda Items

Consideration Of Ordinance 09-05 - Sewer Pretreatment

Mr. Haller explained that this is a follow up to the meeting that was held 90 days ago when a sewer pretreatment ordinance was presented. It has been revised several different times. The latest revision was a result of the meeting Mr. Haller had with the representatives of the Emmitsburg Business and Professional Association (EBPA) being August 28, 2009.

Public Comment: Allen Knott, 100 Creamery Ct., Spokesman of the EBPA - he stated that the EBPA is in favor of such an ordinance to contain and reduce grease contents that are going into the Town sewer system. However, they are concerned how the Town will implement the ordinance. They recommended a preprinted form to be designed and distributed to local businesses to gather necessary information to assess the business which will be affected by the ordinance. Mr. Knott presented a sample of such a form to the Board.  Libby Briggs, 137 South Seton - asked the Board to reconsider what type ordinance they’re willing to accept from this point forward. She recommends any changes be put in with the water and sewer bills so everyone that is impacted by the ordinance will be notified. Don Briggs, 137 S. Seton - asked that the Board keep in mind that a lot of the small businesses don’t have reserves and to think about the extra cost being imposed on them. Susie Glass, 239 N. Seton Ave. - commented that the restaurants in town are willing to do what they need to do to help the town, they are asking that the Town work with them. She would like to see the ordinance written more cut and dry.

Board Discussion: Mayor Hoover stated that he met with the EBPA and to his understanding criteria was met except for the wording to say there will not be a fee for inspections. Commissioner Staiger stated that businesses have until December 2010 to comply if the ordinance is passed. Mr. Haller explained in detail the procedure of the ordinance and what happens if you are found to be in noncompliance. There was a brief discussion on what would constitute a violation. The approximate cost of an under-the-sink unit would be about $1,500 to $2,000, a tank would be about $12,000. Commissioner Staiger clarified that there are no fees for the town inspection.  He also read Section 15.36.090 Authority to Enter and Inspect Premises. There will be a form that the businesses will need to fill out twice a year. This form will be provided to the applicant once their permit is approved.  Commissioner Sweeney expressed his concern of the cost to the businesses, but is in favor of the ordinance. Commissioner Blanchard commented that he is in favor of information going out with the water bills. He is aware of the financial burden to the businesses initially but it’s not in effect until December 2010 so it gives them a chance to respond. Commissioners Blanchard and Staiger agreed that this is a problem that needs to be addressed; in the long run if something is not done it will only damage the infrastructure that is already put in place. The Board agreed to use the form given by Mr. Knott as the initial form that the business owner will bring in.

Motion:  To approve Ordinance 09-05 Sewer Pretreatment Ordinance (Grease Trap) adding Chapter 15.36 to Title 15 Buildings and Construction of the Code of Emmitsburg.
Motion by Commissioner Blanchard, second by Commissioner Etris.
Vote: 5-0 in favor

Consideration Of The Dedication Of Brookfield Streets

This item relates to a request from Richard J. Demmitt, RJD development Corp. to have the town accept Brookfield subdivision section 3 and Brookfield Drive improvements. Mr. Haller commented that Frank Henry, Senior Inspector and Jimmy Click, Director of Public Works were out and took some pictures. They would like to have these issues addressed as part of Mr. Demmitt’s proposal. Mr. Haller stated that in general staff does not have a problem with this request however staff recommends a $2000 road guarantee bond (check) from the builder of each additional or new house. If the roads are not damaged by that builder and/or his contractors the check would be returned upon the issuance of that occupancy permit.  Mr. Demmitt stated that the purpose of tonight’s request is to have the town agree to accept the proposal once they got everything to the Inspector’s and Staff’s satisfaction. Chuck Karfonta, project manager for Brookfield, presented the Board with a map of the streets.  

Public Comment: Frank Palik, 1449 Ramblewood Drive - lives in section 2, expressed concerns of other damages that have not been addressed. He presented the Board with some pictures of the damages. There was a brief discussion amongst the Board in regard to the damages in section 2. Commissioner Sweeney will take the request for four-way stops at Brookfield and Timbermill to the streets committee.

By unanimous consent the Board approved:  1.) Review of section 2 improvements and address repairs as needed with RJD Development, 2.) Establish a $2,000 road guarantee check requirement for construction on remaining lots throughout the subdivision excluding section four, 3.) Accept section 3 roads requested by RJD Development:  Wheatley Drive, Timbermill Court, and Brookfield Drive east of the intersection with Timbermill, pending completion of agreed upon improvements.

Board Approval Of Election Judges

Mayor Hoover recommends Sharon Hane, Charlotte B. Mazaleski, and Regina Marie Long as election judges and Lisa Mazaleski and Deirdre Himes as alternate judges for the September 29, 2009 election.

Motion – to support the Mayors recommendation to approve Sharon Hane, Charlotte B. Mazaleski, and Regina Marie Long as election judges and Lisa Mazaleski and Deirdre Himes as alternate judges.
Motion by Commissioner Etris second by Commissioner Rosensteel.  
Vote: 5-0 in favor

Public Comments

Rick Olesek, 1405 Ramblewood - wanted residents to be aware that there has been a page set up on facebook, which is Emmitsburg Maryland. It is a good resource for information and communication. He is in favor of the dedication of the Brookfield Roads. Commented that the grease trap ordinance that was passed was not what is on the website for businesses to review and expressed that he believes they should have had the opportunity to review what the final ordinance looked like. Does not think the businesses that already have a grease trap should have to pay the $100 to maintain something that they have already been doing.

 Set Agenda Items For Next Meeting

• Presentation to Mt. St. Mary’s, Daughters of Charity and Vigilant Hose.
• Public input on the Draft Comprehensive Plan.

At this time Commissioner Sweeney congratulated Dr. Portier on her open house for her new clinic.

Sign Approved Text Amendments And/Or Resolutions

Adjournment With no further business, the September 8, 2009 Town Meeting was adjourned at 9:26 pm.

Date Approved: September 21, 2009