Minutes
Town Meeting
December 21, 2009
Emmitsburg Town Office

Present:  Mayor James Hoover; Commissioners Glenn Blanchard, Tim O’Donnell, Denise Etris and Christopher Staiger, President.

Also present were Vickie Felix, Donna Despres, Town Clerk and Dave Haller, Town Manager.

Absent:  Commissioner Sweeney with prior notice.

Call To Order Commissioner Christopher Staiger, President of the Board of Commissioners, called the December 21, 2009 Town Meeting to order at 7:30 p.m. Pledge of Allegiance was recited.

Announcement Of A Closed Session

President Staiger announced the need for a closed executive session following adjournment of this meeting as permitted by the Annotated Code of Maryland, State Government Article: Section 10-508 (a) Closed Meetings, Item 1 to discuss personnel matters.  See attached announcement. 

Motion made by Commissioner Blanchard, second by Commissioner Etris.
Motion carried 4-0 in favor.
Approval Of Minutes The Minutes of the November 16, 2009 Town Meeting were approved as presented.

Commissioner Comments

Commissioners Blanchard and Etris complimented the Lions Club for their work on the food baskets, announcing that the Food bank is need of food- -as quick as the food is coming in it is being utilized.  Commissioner Etris announced the winners of the Christmas decoration contest and thanked the judges. She wished everyone a safe and Happy Holiday. Commissioner O’Donnell congratulated Catoctin High School for completing its fall sports, especially the football team who won the state championship. He thanked the town staff for their efforts in getting the snow removed. The Turkey Trot seemed to be a real success. Thanked everyone that was part of the traditional Christmas lighting. Commissioner Staiger thanked everyone who helped support the town activities for Christmas.                                         

Mayor’s Comments

Mayor Hoover wished everyone a Happy Holiday and looks forward to next year.

Administrative Business

Commissioner Blanchard inquired about the salt supply. Mr.Haller responded that town is in good shape; still have 40 tons in the salt bin. Dave Haller gave a update of the Lincoln Avenue sewer and water project construction in progress. Commissioner Staiger commented that he would like to schedule an agenda item to follow up on feedback from various meetings sometime in January. Dave Haller gave an update on Brookfield phase III. Mayor Hoover gave an update on MML meetings regarding the county’s APFO modification per Commissioner Staiger’s request. Commissioner Staiger commented that there has also been some discussion by the County Commissioners in regard to the fire tax rate in that Emmitsburg moved from a suburban rate to an urban rate about two years ago. There was a brief discussion based on the preliminary numbers that the county has run in regard to the rate increase. Staff will probably come to Board to oppose the plan explaining the effect on fire companies of towns with smaller accessible tax bases.

Reports:

Town Manager Report - reported on the public works department monthly activities to include a water production and consumption analysis.  Highlights:  Rainbow Lake is now at the spillway level, up 5” from last month, received about 2.6 inches of precipitation this month, having a precipitation surplus of 3.4” over the last six months, no spills of untreated sewerage during the month of November, although the Town exceeded the plant’s design capacity on two days during the month of November. Trash pickup will remain on Mondays for the remainder of the month of December.  Detailed report at Exhibit A.

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

Police Report - Deputy Moxly reported on November 2009 and presented new report formatting for the Board’s review and suggestions.   Detailed report at Exhibit C.

Agenda Items

Upcounty Presentation

Nikki Jesse, Child Development Coordinator and Acting Assistant Director of UpCounty gave a presentation on how it proposes to utilize the Town’s $12,000 contribution for 2009-2010.  She introduced Shelly Toms, Director of Family Partnership of Frederick County and Michelle Gallipoli, the new Assistant Director of UpCounty who will be starting January 4, 2010.  Nikki stated that UpCounty serves families that have children birth through three anywhere in the northern part of Frederick County area. She listed the different services they provide. All the donation money is put into the UpCounty project and is served solely at UpCounty to run the program. They would like to put the money towards GED testing registration fees, scholarships to assist UpCounty participants to pay for drivers’ education classes, programs and life skills supplies, educational field trips and special speakers, supplies in staffing in order to provide child birth, and baby care class education. They also would like to put some of the money towards food, the center provides lunches and snacks through the week for the families. Also, they would like to put some money towards playground upgrades. Ms. Jesse gave special thanks to Steve Fissel who does all the maintenance work for UpCounty. Commissioner Staiger stated that his hope was that the funding would be targeted in a way more specifically to a program that might utilize local resources and businesses. Mayor Hoover stated the only use restriction that he recalls is operating expenses. The intent was to enhance or provide a program or programs from this funding without it going into the operating expense. Commissioner Staiger asked if anyone on the Board had any opposition to the funding options presented. Mayor Hoover responded, “Staffing”. Commissioner Etris thought originally the funding would be for the Emmitsburg community. She expressed that it would be nice to see something earmarked for Emmitsburg.

Motion – to approve the $12,000 donation from Emmitsburg for the presented UpCounty Family Partnership proposed expenditures, striking “staff”.
Motion made by Commissioner Blanchard and second by Commissioner Etris.
Vote 4-0 in favor

Ordinance 09-15 - Permits For Buildings

Mr. Haller stated this is basically a housecleaning issue. After discussion with the Town Attorney, staff is proposes that the Board add the wordage to this existing ordinance stating “placed and/or located”.

Motion - To accept the changes to Ordinance 09-15 Permits for Buildings.
Motion by Commissioner Etris and second by Commissioner Blanchard.
Vote: 4-0 in favor

FY-2009 Audit Report

Michelle Mills from Draper-McKinley gave a power point presentation on the FY-2009 audit report to provide an overview of the financial highlights for the fiscal year 2009. It was crossed referenced to the applicable audit report page so the Board could follow in the audit report. She reminded the Board that the financial statements are two parts. The first section deals with the government wide financial statements and the second section deals with the fund level financial statements. She also reminded Board that the responsibility for the financial statements lies with that of management and the responsibility of the auditors is to express an opinion on the financial statements. It covers the basic financial statements as well as a number of supplemental schedules. There were no material weaknesses in internal controls over financial reporting and there were no instances of noncompliance.

Motion - To accept the FY-2009 audit report.
Motion by Commissioner Blanchard, second by Commissioner Etris
Vote: 4-0 in favor

Motion– to have the FY2009 audit reported posted online by Town staff by December 30, 2009. 
Motion made by Commissioner O’Donnell, second by Commissioner Blanchard.
Vote: 4-0 in favor

Capital Improvement Project Budget Fiscal Years 2005 – 2009

Mayor Hoover explained the process of how the Town’s dollars are spent and how those figures are projected. He went over the statement of capital activity report for the past five years. He also went over the open projects report which shows all of the projects over the years combined that are open and/or are still active. The lapsed “balance forward” is the bottom-line number- - what is left in the fund reserved for future activity for ongoing or new projects. The point of this agenda item was to make sure everyone understands what truly is available and what projects are yet to be completed; unspent but spendable. As part of the budget process Commissioner Staiger stated his desire to see that the Mayor’s proposed budget packet would include the general fund, the open CIP projects, the proposed CIP projects and then also the water and sewer system enterprise fund. 

Motion –that the Mayor’s annual budget presentation include the general fund open CIP projects, proposed CIP projects, the water system enterprise fund and the sewer system enterprise fund.
Motion made by Commissioner Staiger, second by Commissioner Etris.  
Vote: 4-0 in favor

Ordinance 09-12 Purchasing

Mayor Hoover stated the purpose of this is to put in place how the Mayor, Town Clerk or Town Manager can spend money and at what point do they need to come to the board for approval and at what point do they need bids/estimates or when do they go to a formal bid process. It covers that up to $5,000 there are no bid requirements, $5,000 to $20,000 requires three estimates or non-formal bids, and above $20,000 requires a formal bid process. It also prohibits the splitting of bids to avoid a bid process. It does allow competitive bid processes. The Mayor has worked with the Town attorney over a year on this ordinance. The auditors have looked at it; the Town Manager and Town Clerk have reviewed it. Commissioner Staiger commented that it looks good, in a large part it represents the practices that the Board implements. Mayor Hoover stated the intent is to have a formal procedure. Right now there is no procedure, just a systematic way of doing things.   Alterations to the proposed ordinance:  page 1, 6th line down- take out the word “over”; page 2, section 3.12.020- change “contracts made by the town for the purchase of supplies, materials, equipment, and construction of public improvements or contractual services from public funds” to “expenditures from public funds”; under 3.12.060 change orders – should have some kind of percentage of original contract instead of a set dollar figure. Staff will look over section 3.12.070 professional services to refine language.  Mayor Hoover will come back to Board with a revised draft.

Approval Of Replacement Employee

Mr. Haller stated that the Administrative Assistant Pat Feeser is retiring. The position has been advertised and Mr. Haller recommends hiring Brenda Ruopoli. This will be a part time position, 5 days a week at 6 hours a day. It will be a grade 6 step 3 and will start at $16.19 per hour. She will be working with the Town Manager.  

Motion - To approve the hiring of Brenda Ruopoli as Administrative Assistant replacing Pat Feeser.
Motion made by Commissioner Blanchard, second by Commissioner Etris.
Vote: 4-0 in favor

Public Comments - None 

Set Agenda Items For January 4, 2010 Town Meeting

• Ordinance 10-02 to exempt Emmitsburg from Frederick County ordinance 09-28-532 relating to Counties APFO
• Ordinance 10-03 text amendment to chapter 9-16 weapons ordinance
• Advisory Committee

Signed Approved Text Amendments And/Or Resolutions

Adjournment  With no further business, the December 21, 2009 Town Meeting was adjourned at 10.21p.m.

Date Approved: January 4, 2010