MINUTES
TOWN MEETING
August 1, 2011
Emmitsburg Town Office
Present:
Mayor James Hoover; Commissioners Clifford Sweeney,
Glenn Blanchard, Patrick Joy, Tim O’Donnell and
Christopher Staiger, President
Staff present: Vickie Felix; Sue Cipperly, Town
Planner and Dave Haller, Town Manager.
________________________________________________________________________
I Call to Order
Commissioner Christopher Staiger, President of the
Board of Commissioners, called the August 1, 2011
Town Meeting to order at 7:30 p.m. Pledge of
Allegiance was recited.
SEQ CHAPTER \h \r 1Approval
of Minutes
The Minutes of the July 18, 2011 Town Meeting were
approved as presented.
Commissioner Comments
Commissioner Blanchard reported on his mission trip
to Kenya and reminded residents of upcoming pool
parties and concerts in the park. Commissioner
O’Donnell recited his meetings regarding community
field maintenance, business networking and
sidewalks. Commissioner Joy congratulated Tom’s
Creek for their successful Family Festival event.
Mayor’s Comments
Mayor Hoover announced the upcoming pool party. He
attended the POS grant-funding meeting where the
fiscal year 2011 grant was reinstated. The same
$45,000 for the splash park was submitted for fiscal
year 2012 also. The reinstated grant will be
provided to the town as soon as the State Board of
Public works gives approval, so the Splash Park can
be back on line. The town is still looking for
election judges for the election on September 27,
2011. He had some communication with SHA about
sidewalks on the east end of town with the new
bridge that’s going in at Tom’s Creek. He announced
the opening of Stavros’ on August 2, 2011.
Administrative Business
Mr. Scott Hancock, Executive Director of MML, and
Mike Bennett, Mayor of Aberdeen and President of MML
presented a certificate of acknowledgement to Mayor
Hoover for his service on the MML Board.
Administrative Items discussed:
A meeting is scheduled on the doughboy issue. Main
Street Maryland free training in August. Repair of
the diving board – staff is soliciting proposals for
diving board, which will probably be done after the
season because of the concrete work. Vacancy of
UpCounty – Mr. Haller stated that staff will be
meeting with a party to discuss a lease. Concerns
were expressed of grass growing on sidewalks on East
and West Main Streets and North and South Seton
Avenues. Parish Hall recycling collection – Chris
Staiger reported that the recycling service
availability is determined by how the state
Department Of Assessments and Taxation identify a
property. Frederick County cannot provide
residential recycling to property that the state
identifies as commercial. Email regarding funding
for the splash park – Mayor Hoover commented as the
monies are received they will be recorded to the
CIP. Community Park walking path – staff reported
they are being worked on now. The meeting on the
proposed cell tower contract – did not get a
favorable review from the town attorney. The
meeting with Department of Fire and Rescue re:
access to Northgate community – Mr. Haller gave
overview of proposals from meeting. Still
investigating some other possibilities. No timeline
defined.
Consent Agenda – none
Reports:
Treasurer’s Report
- Commissioner Blanchard reported on July 2011 cash
activity. Detailed report at exhibit A.
Committee Reports –
Commissioner O’Donnell reported that the Planning
Commission did not meet. Commissioner
Joy reported that the Citizens Advisory Committee
met and discussed the Sustainable Maryland
Certified program; and, if the UpCounty building
doesn’t get rented out, using it as a business
incubator.
II. Agenda Items
Delegate Kelly Schulz
Delegate Kelly Schulz addressed this town meeting
giving her position on upcoming issues and
challenges.
Multi-user trail update with town staff
Commissioner O’Donnell reported that Austin Steo of
the Trail Conservancy was able to complete the
approximate mile beginners’ loop on the mountain
trail. He asked for feedback from staff and Mayor
in regard to the flagging. Mayor Hoover commented
that he walked the trail and was surprised that the
existing natural trail was not utilized more. His
one concern is the “multi-user” term, questioning if
it is user-friendly towards the walker or hiker.
Giving a description of the difference of corridor
clearing and construction, Commissioner O’Donnell
asked for the board’s approval to move forward on
corridor clearing. Mayor Hoover gave his approval
of doing the corridor clearing and then they can
look at construction. Answering Commissioner
Sweeney’s query as to how this would affect hunting,
Commissioner O’Donnell stated that it would not be
affected. The corridor clearing will be undertaken
by approximately 40 volunteers who are willing to
participate. Commissioner O’Donnell stated he would
like to have the corridor clearing done by the end
of August or middle of September. After the
clearing is done and reviewed by town staff, then
trail bed construction can move forward. Public
Comment: Don Briggs, 137 South Seton Avenue
- speaking as a resident and businessman,
supported Delegate Kelly Schulz’ approach to
bringing business back to Maryland. He will do
everything he can to help make the trail happen to
make it an active park where people can walk and
play.
Motion:
- To approve the corridor clearing as proposed by
Commissioner O’Donnell
Motion by Commissioner Joy, second by Commissioner
Blanchard
Vote: 5-0 in
favor
Consideration of Ordinance 11-16: Section15.24
Trailers and Trailer Camps
Mayor Hoover stated what started this was an inquiry
about a trailer parked illegally and being asked to
enforce the ordinance. In reviewing the ordinance,
it was found to be very strict. Getting input from
the public and town attorney, staff is looking for
more feedback from the board and public to provide
an amendment draft. On page, items E and
F can be removed. Items C through G
are all new. Public Comment: Elaine
Ebaugh, 39 Federal Avenue – owns a camper and
traveling business trailer that houses a DJ
business, hopes that when the decision is
considered, the board will think of business
owners. Dennis Ebaugh, 39 Federal Avenue -
expressed his frustration with the ordinance.
Brian Ott, 9 Irishtown Road - own travel trailer
on corner lot since 2004 where their only parking
option is their driveway. He requested something in
ordinance about being allowed in driveway. If
trailer has to put in storage will be additional
cost. John Cool, 7 University Drive –
Actually got a permit in 2005 to extend his driveway
to park his trailer, the only place to put the
trailer. He asked for some kind of waiver for
certain situations. Louis Huber, 11 Heritage
Lane – suggested trailers be required to have
current valid tagging. Commissioner Sweeney tried
to explain that staff is trying to make it more
convenient, not to be in violation. Staff is open
to suggestions. Commissioner Staiger stated that
the regulatory line could get rolled back to
controlling non-private property. Commissioner Joy
suggested removing the driveway restriction. Staff
will review ordinance to lighten restrictions and
require trailers to have current valid tagging. No
opposition. Unanimous consent.
Ordinance 11-14: Section 13.04.040 Water Tapping
charges – removal of surcharge fees
Mr. Haller reported that at the Board’s request the
$3,500 surcharge as been removed. At the Mayor’s
request, the line was added stating, “The town
shall fully fund all depreciation costs related to
the delivery system, treatment plant and associated
systems and parts thereof through its minimum and
usage charges.” Commissioner Joy interjected
that the sentence the Mayor added might be more
appropriate when the water and sewer rates are set;
strike it from this ordinance. No opposition to
deletions as presented. Strike proposed funding
addition. Unanimous consent. Final draft will
considered at the next meeting.
Ordinance 11-15: Section 13.08.090 Sewer Service
and Connection Charges – removal of surcharge fees
Mr. Haller stated this item is the exact situation
as Ordinance 11-14. No opposition to deletions as
presented on draft ordinance. Strike proposed
funding addition. Unanimous consent. Staff will
bring back final draft at next meeting.
III. Public Comments Dennis
Ebaugh, 39 Federal Ave
–
expressed his concerns about the need of more police
in Emmitsburg and the property classification of the
Parish Hall in regard to the recycling
IV.
Set Agenda Items for August 15, 2011
Town Meeting
-
Public Hearing consideration of Ordinance 11-15:
Section 13.08.090 Sewer Service and Connection
Charges and Ordinance 11-14: Section 13.04.040
Water Tapping Charges – removal of surcharge
fees.
-
Consideration of revisions to Ordinance 11-16
Trailer and Trailer Camps
-
Appoint election judges
-
Multi-user trail update
-
Discussion of Sustainable Maryland Certified
program
-
Proposed changes to Capital Improvement Projects
plan
V. SIGN APPROVED TEXT AMENDMENTS AND/OR
RESOLUTIONS - none
VI. Adjournment
With no further business, the August 1,
2011 Town Meeting was adjourned at 9:55 p.m.
Date Approved: August 15, 2011
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