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Minutes
Town Meeting
October 19, 2009
Emmitsburg Town Office
Present:
Mayor James Hoover; Commissioners Clifford Sweeney, Glenn Blanchard, Tim O’Donnell, 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 October 19, 2009 Public Hearing to
order at 7:30 p.m. Pledge of Allegiance was recited.
Approval Of Minutes The
Minutes of the October 5, 2009 Town Meeting were approved as presented.
Commissioner Comments
Commissioners Blanchard and O’Donnell reported their recent community activities and meetings.
Mayor’s Comments – none
Administrative Business
- none
Reports:
Town Manager Report
- reported on the public works department monthly activities to include a water production and consumption analysis. Detailed report at Exhibit A.
Police Report
- Deputy Bartlett. Detailed report at Exhibit B.
Agenda Items
Disaster Preparedness –
Sheriff Jenkins
Frederick County Sheriff Jenkins presented an overview to the Board: He
reported that every category of crime was down from double figures with the exception of theft. Patrol shifts have been redesigned and a pace team has been established to
identify potential problem areas of the county to circumvent any major crimes. The department’s strategic goal is to be prepared with any form of disaster in the areas of
public works, water, sewer, county roads, and ability to respond to any incident-- “in very good shape”. He mentioned Plan 90, a homeowner guide, to be prepared in the home
for 3-5 days in the case of disaster when emergency resources will be strained for the first 96 hours. He expressed that he wants to keep an open forum between the department
and Commissioners, confident to continue services with any cuts that may happen with the first priority and resource of continued quality personnel. He reminded the Board that
services extend into the whole department, not just the 3 assigned deputies.
In response to Commissioners’ inquiries, Mr. Haller reported that the Town is
prepared for 72-96 hours until emergency services are restored and the county has a consultant to unify the whole county. The Mayor added that the NETC will be doing a class
with the town commissioners. Also, the success of the mock emergency was mentioned.
Public Hearing – Draft
Comprehensive Plan
Tim Elliott, Threshold Development
– most comprehensive comp plans that he has seen in several years, concerned w/ splitting the zoning in 2w, k, would hope to keep zoning as it is, appreciative of staff’s
effort/cooperation.
Don Briggs, Briggs Associates – re gateway prop: concern of how to get a commercial base that pays more taxes to keep residents’ costs down, if the town goes ahead with the
conservation designation, assessments will continue to go down, opportunity is there, don’t eradicate possibility,
Christa McGowan, Miles and Stockbridge, representing property owner Sustainability Properties, Inc. - re down-zoning and possible intent to place holding then rezone
later: doesn’t believe it’s legal, piecemeal rezoning is unrealistic, according to MDE and department planning guidelines these are options only, not a requirement, zoning does
not have to match water capacity.
Richard Floyd, 3901Shadywood Ct, Jefferson, MD also a member of the Frederick County planning commission, on behalf of Mr. Stockman – clean up boundary lines,
include Mr. Stockman’s property within growth limits, make it LI zoning versus the AG zoning.
David Severn, 50 Carroll Creek Way, Frederick MD, representing the Daughters of Charity and Sisters of Charity - would like the comprehensive plan to recognize the
planning tool of adaptive reuse of existing structures. They provided refined language which they would like to be incorporated into comp plan section 4, page 8, and paragraph
3. This is the most appropriate location, it is not confined to open space district, simply ask the town to explore opportunities for senior housing through new and adaptive
reuse of existing structures.
Nancy Rase, President of Homes for America - their mission is to develop and own affordable housing senior housing being their specialty, believe that adaptive reuse is the
most environmental friendly sustainable form of development, a strong market for senior housing in Emmitsburg. Based on a water study there would be a significant reduction in
the provincial house water usage with a conversion of a portion of the building to senior housing, also increasing tax revenues.
The Board had a copy of a memo prepared by Sue Cipperly in response to public comments received as of the
September 21, 2009 Town Meeting which they reviewed and discussed. The Stockman property currently lies outside the growth boundary. Commissioner Staiger asked if there was
anyone in favor of bringing the property within the growth boundary.
Motion:
to see tax map 16, parcel 4 included in the Town of Emmitsburg growth boundary for the 2009 Comp Plan.
Motion made by Commissioner O’Donnell second by Commissioner Etris.
Commissioner Blanchard asked Commissioner O’Donnell to give a review of his
rationale. He answered, “To preserve the gateway.” Ms Cipperly clarified that the Stockman property is two different parcels. One piece of property on the west side of 15
which is the gateway to Emmitsburg and is within the growth boundary, there is another piece of Stockman property on the east side of 15 which can not be serviced with water
and sewer. Commissioner Staiger commented that there is no real value in bringing this property into the growth boundary at this time and can’t support the motion. Mayor Hoover
asked the question if the property owner wants to develop this and it is outside of Town’s growth boundary what effect does that have on a reality of an annexation. Mr. Haller
stated that the property will not be an annexable piece of property within the next 5 to 6 years even if it was put in the growth boundary.
Vote: 3-2 in favor
Commissioners Sweeney and Staiger opposed.
The next issue concerns property currently zoned ORI in the northeastern
quadrant of the growth area. The proposal is to change the land use designation to conservation/parks to cut back on water resource use. Ms. Cipperly stated that Threshold
Development is one interested entity but has never come forward with a non-residential proposal. Any residential development “flies in the face of the intended
accomplishment.” The current proposal by staff for the three southern lots at the interchange and most serviceable by water and sewer is to change from the B2, HI and IP mix
to all B2 thereby hopefully promoting some sort of development in those southern three lots. Meanwhile the northern three lots would be changed from ORI to a proposed land use
designation of conservation/parks which would free up a certain number of taps in town’s water management plan in the short time, providing a relatively finite number of taps.
In the medium to long term, it is expected to expand dramatically as water capacity is added to match sewer capacity. The owner’s request is to maintain the ORI zoning of the
three northern parcels.
In response to a query by Don Briggs regarding down-zoning when water is
available from the north and with Emmit Gardens soon to be online, Mr. Haller stated the sleeves are south of the property that staff is talking about down-zoning. They are
south of the hotel and they have been there since the time Route 15 was built. Commissioner Staiger clarified that the justification that is being presented is that those
sleeves could be used for water and sewer service for this property, the issue as he understands it, is that it is not the way the Town wants to provide water and sewer
service, because it then forces that sewer service back through the center of town. The proposal from those in favor of maintaining the current zoning is that the ORI property
could then be serviced along that line. Staff position is that that line is fine for providing water to the property but not acceptable to remove sewer from the property.
Commissioner Staiger then asked the Board if anyone was opposed to the proposal to change the land use designation from ORI to conservation/parks. Commissioner O’Donnell
commented that he feels the town has a very powerful position if they be inclusive as opposed to exclusive in this circumstance.
Motion:
that properties identified on tax map 9 as parcels 52, 147, and 169 maintain their land use
designation as ORI.
Motion made by Commissioner O’Donnell. Motion Failed.
Commissioner Staiger stated that the Board will proceed with staff
recommendation to change the land use designation for the three northern lots from ORI to conservation/parks.
The next issue was in regard to comments made by William Steo, Emmitsburg
resident regarding the economic situation for senior citizens and request for some free public transportation. Commissioner Staiger said there is a public transit service
addressed in the comp plan. There was unanimous consent that no changes need to be made to the plan in regard to Mr. Steo’s comments.
The next item was in regard to comments made by David Severn, Severn, O’Connor & Kresslein, P.A. representing
the Sisters of Charity of St. Joseph’s, Inc. They requested change in the language to the comp plan in regard to adaptive reuse of existing structures. Staff responded that
there is tradition and history of re-use/rehab of existing structures in Emmitsburg – notably the Community Center and the Emmitsburg Osteopathic Care Center in recent times.
There is no reason this should not continue. A statement supporting reuse of existing structures should be inserted in the plan, but should be in a broader context than just
in the housing section, or the OS district, as suggested in the Severn/Sisters of Charity letter.
Motion:
to accept the changes recommended by staff for section 4, page 1, paragraph 8 and section 4.7, page
30, paragraph 12.
Motion made by Commissioner Sweeney and seconded by Commissioner O’Donnell.
Vote: 5-0 in favor
The last issue is in regard to comments made by Bob Mort, owner of Quality Tire
on Creamery Road regarding land use recommendations and existing activities at the site. Investigation by staff lead to some additional findings. Board felt staff
recommendations as stated in the memo were satisfactory to meet Mr. Mort’s concerns.
At this time Commissioner Staiger said if there are no other requested changes
by the Board of Commissioners he asked that staff would prepare the final draft for the Board’s consideration at the next Town Meeting. Commissioner O’Donnell had a concern
about the collector road between 140 and South Seton Avenue. The recommendation by staff and the county in this document seemed to reflect that planning and zoning was on board
with this and they were not. All the language regarding the bypass, the collector road was pulled. This is still a concern of his. He didn’t know if there would be any merit in
trying to make a motion for it to be changed, but he did want it on public record that he was surprised to see it. He understands why others feel that way, but he doesn’t
agree with their position and that’s where he holds his position at the moment. Discussion took place amongst the Board in regard to the intent of a collector road.
Commissioner Staiger closed the public hearing portion of the comp plan process. Board is ready for Ms. Cipperly to finalize the draft plan for review and consideration.
Unanimous consent.
General Public Comments
- none
Set Agenda Items For November 2, 2009 Meeting
- Consideration for approval 2009 Comp Plan
- Ordinance 09-10, General Enforcement of the Town Code
- Ordinance 09-11, section 8-12 Enforcement of Filth and Rubbish
- Parks and Planning Committee appointments
- Mayor’s budget update
Adjournment
With no further business, the October 19, 2009 Town Meeting was adjourned at 9:43 pm
Date Approved: November 2, 2009
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