Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland
21727
301-600-6300

Minutes
Town Meeting
November 2, 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 Vickie Felix, Town Planner Sue Cipperly and Town Manager Dave Haller.

Call To Order Commissioner Christopher Staiger, President of the Board of Commissioners, called the November 2, 2009 Town Meeting to order at 7:30 p.m. Pledge of Allegiance was recited.

Approval Of Minutes The Minutes of the October 19, 2009 Town Meeting were approved as presented.

Commissioner Comments

Commissioners Blanchard and Etris reported that they attended the 125th anniversary of Vigilant Hose Company. Commissioner Etris thanked the Town of Emmitsburg for getting the parade permit for the Halloween parade in town and thanked everybody involved.

Commissioner O’Donnell reported that he attended a forum at the Frederick Community College for Public presentation of solid waste options for Frederick County.      

Mayor’s Comments - none

Administrative Business

Commissioner Etris reported that she will not be at the next town meeting; she will be out of the country doing a certification exam for work. Commissioner Staiger reminded residents that Saturday is the last day for yard waste and that it is prohibited to discharge firearms within the town limits. He encouraged property owners to take that into account. There is hunting on town land; however, it is town land outside of the municipal boundaries.  

Reports:

Treasurer’s Report - Commissioner Glenn Blanchard.  See attached report, Exhibit A.

Committee reports -   Commissioner O’Donnell reported that the Planning Commission had no new business, nothing to report. Commissioner Blanchard reported that the Water Committee did not have a quorum.                                                              

Agenda Items

Adoption Of The 2009 Emmitsburg Comprehensive Plan

Ms. Cipperly commented that the Board received some text inserts and a map showing the growth boundary as amended at the last meeting. Mr. Haller stated that the package is complete and ready for adoption.

Public Comment: Richard Floyd, 3901 Shadywood Court, Jefferson, Md., member of the Frederick County planning commission - congratulated the planning commission for a great job.

Motion:  to approve the 2009 Emmitsburg Comprehensive Plan.
Motion by Commissioner Blanchard, second by Commissioner O’Donnell

Vote:
5-0 in favor

Commissioner Staiger inquired about the water supply capacity management plan. Mr. Haller responded that it is incorporated in the comp plan.

Ordinance 09-10 Re Infractions - Amendment To Comport With Requirements Of The Annotated Code of Maryland, Article 23A

Mr. Haller stated this is related to general enforcement of code infractions. The town ordinances didn’t mesh with the requirements of the courts system in Maryland. Staff worked with the town attorney and these are his recommendations that would allow town to enforce their ordinance. Chapters 1.08 and 1.12 have been repealed and have been replaced with new text. Mr. Haller commented the level of what constitutes a violation does not change. There was a brief discussion on some language used in section 1.08.30-citations issuance.

Motion - To approve Ordinance 09-10 amending chapters 1.08 and 1.12 to comport with requirements of the annotated code of Maryland, Article 23A.
Motion by Commissioner Sweeney, second by Commissioner Etris

Vote:
5-0 in favor

Ordinance 09-11 -  Text Amendment To Update The Enforcement Of Filth And Rubbish

This is a text amendment to update enforcement of filth and rubbish.  Again Mr. Haller stressed that this does not change what constitutes a violation, it just clarifies the enforcement procedure and makes it enforceable within the courts of the State of Maryland. This is handled through code enforcement, usually complaint driven.

Motion - To approve Ordinance 09-11 amending Title 8, Chapter 12 of the Code of Emmitsburg to update the enforcement of filth and rubbish.
Motion by Commissioner Blanchard, second by Commissioner Etris

Vote:
5-0 in favor

Recommend Appointments To Parks Committee And Planning Commission

Mayor Hoover recommended the reappointment of Carolyn Miller to the parks committee.
Motion
– To reappoint Carolyn Miller to Parks Committee.
Motion by Commissioner Etris, second by Commissioner Sweeney

Vote:
5-0 in favor

Mayor Hoover made a recommendation to appoint Joyce Rosensteel to the Planning Commission.

Motion – To appoint Joyce Rosensteel to the Planning Commission.
Motion made by Commissioner Blanchard, second by Commissioner O’Donnell.

Vote:
5-0 in favor

Budget Status Update By The Mayor

Mayor Hoover reviewed with staff and auditors concerning current budget. The Town Clerk did a closeout of the FY2010 budget first quarter which looks very good. The only negatives seen are in the state highway user fee and the state aid police equity, which makes the budget approximately $140,000 short of revenue projections. Looking at the revenues and expenditures to date and common past practice it looks like the losses will be able to be absorbed within the budget. There will be another state budget amendment this month and probably again between January and April. It looks like in the worst case scenario, the town would be short $35,000 to $50,000 this year. The monies that need to be made up will come out of fund balance at this point. All in all he thinks the town is doing well in the budget. In February he will present another overview of the budget.

Public Comments -none

Set Agenda Items For 11.16.09 Town Meeting

  • Mount Saint Mary’s bonding authority request for $10,000,000

  •  Upcounty project funding presentation for Board approval of recommended use

  •  Consideration of youth curfew ordinance

  • Consideration of helmet ordinance

  •  Main Street parking meter holiday

  • Text Amendment:  Town council meeting schedule

Signing of Approved Documents

Adjournment With no further business, the November 2, 2009 Town Meeting was adjourned at 8:22pm.

Date Approved:  November 16, 2009