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

Minutes
Town Meeting
April 4, 2011
Emmitsburg Town Office

Present: Commissioners Clifford Sweeney, Glenn Blanchard, Patrick Joy, Tim O'Donnell and Christopher Staiger, President
Absent: Mayor James Hoover with prior notice
Staff present were Donna Despres, Town Clerk and Dave Haller, Town Manager.
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I.  Call to Order
Commissioner Christopher Staiger, President of the Board of Commissioners, called the April 4, 2011 Town Meeting to order at 7:30 p.m. Pledge of Allegiance was recited.

Approval of Minutes
The Minutes of the March 21, 2011 Town Meeting were approved as corrected.

Commissioner Comments
Commissioner Blanchard: cited the different events he attended and announced the reenactment of the 1852 county courthouse fire on May 1 when they will actually use the old pumper. Commissioner O'Donnell: a lot of positive happenings in regard to grant application. Commissioner Joy: congratulated Mr. Haller on his appointment to the County Solid Waste Advisory committee and reminded residents of upcoming fundraiser at American Legion Post 121 in Emmitsburg.

Mayor's Comments - absent

Administrative Business
North Seton Avenue sidewalk extension proposal: Staff got survey and contract pricing and met with owner who then decided against the request. Arbor Day: Commissioner Blanchard announced that Arbor Day activities will be held with Emmitsburg Elementary on Friday April 29, and Mother Seton School will be on Friday, May 6. Commissioner Blanchard will get tree site locations and town staff will pre-dig holes.

Consent Agenda - none

Reports:
Treasurer's Report - Commissioner Blanchard reported the March 2011 cash activity. Detailed report exhibit A.
Planning Commission - Commissioner O'Donnell reported that the Planning Commission met on March 28, 2011. They welcomed new member John Howard. Commission addressed three items. They heard from a representative of the Daughters of Charity re site plan application, also had two ordinances to address regarding the Daughters of Charity site plan. Not all needed information was presented--update of several items, mostly parking issues, was requested. APFO - no issues regarding the language of Ordinance 11-09, some consideration re recreational facilities. Modifications to the language of ordinance 11-08 were approved.

I. Agenda Items

Splash Park and Funding Source
Mr. Haller reviewed meeting with selected contractor and references obtained.
He presented a diagram of proposed siting of the pad in the pool complex. He pointed out that although the Paddock Pools felt they could complete the project by June 15 with no delay in permits, if the work is not finished by the proposed pool opening date the pool cannot open. Contract and permit timing were discussed. It was proposed offering the contract with a specified start date and, if not that is not possible, to not start until fall. When solicited by Commissioner O'Donnell, Commissioner Staiger stated that he considered the project positively when POS funds were available but now that the state has rescinded those, he was concerned with 100% town funding. He expressed that he liked the design and it will be a worthwhile project when the town can again get 75% money. Commissioner Joy commented that he would like to give the money back to fund balance (speaking of the proposed revenue overages presented as possible funding sources) and that pool revenue will suffer with no facilities for toddlers. Commissioner Blanchard expressed that it would be a fantastic addition but recognizes the current financial situation, and that as long as the pool itself is open, he will accept putting it off until 2012. Commissioner O'Donnell added that no one anticipated the economy as it is, that the pool is definitely an asset but, the higher priority is that the pool opens on schedule; he would like to see splash park happen, but it is not appropriate at this time. No action; item closed.

Consideration of Contract to Replace Salt Shed
Mr. Haller stated this item is funded in the CIP by the Board this year and referenced the three bids supplied to council. Staff filed with FEMA and collected $1,905 for this damage done by the snowstorm last year. Also, $4,230 was collected from the insurance claim, for a total of $6,135. Low bid was $20,800 and after FEMA money and insurance money are reduced, town cost will be $14,665 of the $25,000 which will leave a little over $10,335 still in the CIP. Staff requested the Board approve the low bid by B & D Woodworks. The new shed will be built at the existing site.
Motion:  To approve B & D Woodworks bid of $20,800 for salt shed replacement.
Motion by Commissioner Joy, second by Commissioner Sweeney
Vote: 5-0 in favor

Motion: to designate remaining funds in this category to create splash pad fund line item.
Motion by Commissioner Joy, second by Commissioner O'Donnell
Vote: 5-0 in favor

Outdoor Watering Penalty Schedule Policy
This item is to follow up on applying penalties fairly for the outdoor watering policy. Commissioner Staiger read aloud the proposed watering penalty schedule. Commissioner Joy recommended amending the policy: first offense is a warning, 2nd offense fine of $25, 3rd offense and every offense thereafter will be punishable by a fine of $50.

Motion: - To amend the policy to be a warning for first offense, $25 fine for second offense, and $50 fine for third offense and every offense thereafter.
Motion by Commissioner Joy, second by Commissioner O'Donnell.
Vote: 4-1 in favor
Chris Staiger opposed.

Motion: To approve the amended proposed outdoor watering penalty schedule policy.
Motion by Commissioner Joy, second by Commissioner O'Donnell.
Vote: 4-1 in favor
Chris Staiger opposed.

Revisions to 15.36.012 - Grease Trap Exemption Clarification
This ordinance adds extra verbiage to clarify who is exempt.
Motion: - To approve Ordinance 11-06, an ordinance to amend Title 15 of the Code of Emmitsburg entitled Buildings and Construction.
Motion by Commissioner Sweeney, second by Commissioner Blanchard
Vote: 5-0 in favor

Ordinance 11-11: Revisions to Chapters 2.32.20 -Ethics Commission 2.32.030 - Conflicts of Interest, and 2.32.040 - Financial Disclosure
Suggested modifications of the chapter to the Board: Previously there was no term limit for the Ethics Commission and members of the Ethics Commission were not required to complete a financial disclosure. This ordinance brings them under the same restrictions as other parties. Commissioner Joy had some additional revisions. Commissioner Staiger asked for any objection to table this item. No objection; unanimous consent

Community Calendar
The Board reviewed a letter from Mr. Clapp with suggestions to avoid liability exposure in regard to a community calendar. Commissioner Joy will draft a policy and bring back to the Board. No opposition


III Public Comments- none

IV. Set Agenda Items for April 18, 2011 Town Meeting
1. Ordinance 11-08 changes to B2 zone-general commercial uses
2. Ordinance 11-09 Emmitsburg APFO
3. Discussion of Emmitsburg administrative fees
4. Consideration of changes to the definition of the Conservation Recreation zone
5. Grant application for multi-user trail construction
6. Committee appointments/reappointments

Consent agenda - free pool admission for Community Day

V. Sign Approved Text Amendments And/or Resolutions

VI. Adjournment
With no further business, the April 4, 2011 Town Meeting was adjourned at 9:09 pm.

Date Approved: April 18, 2011