MINUTES

TOWN MEETING

September 19, 2011

Emmitsburg Town Office

Present:  Mayor James Hoover; Commissioners Clifford Sweeney, Glenn Blanchard, Patrick Joy, Tim O’Donnell and Christopher Staiger, President

Staff present were Donna Despres, Town Clerk and Sue Cipperly, Town Planner

_________________________________________________________________________

I.       Call to Order

Commissioner Christopher Staiger, President of the Board of Commissioners, called the September 19, 2011 Town Meeting to order at 7:30 p.m.  Pledge of Allegiance was recited.

 Approval of Minutes

The Minutes of the September 6, 2011 Town Meeting were approved as amended.

Commissioner Comments

Commissioners Blanchard, O’Donnell and Joy cited attendances, recognitions and announcements.  Commissioner Sweeney cited the number of businesses that have opened within the past several months in town.                                               

Mayor’s Comments

In rebuttal to Commissioner O’Donnell’s comments, Mayor Hoover stated that when he hears negative comments concerning the town office he will visit the businesses and usually gets the complete opposite comments.  He encouraged commissioners to direct business owners’ complaints to the Mayor and he will be glad to talk with them.  Mayor Hoover will not be able to attend the MDOT tour but will communicate with them on his concerns and desires related to the route 140 bridge.

Administrative Business

Weeds and Grass – state highway issue, should be taken care of this week. 

Land at Rainbow Lake – number of posts have been pushed over by four wheelers.

MDOT meeting – suggested the town push the issue of sidewalks not only in Silo Hill but on Main Street, higher probability that perhaps grant money could be available.  No opposition to consider a resolution in interest of sidewalks along Main Street

Hunting Season is starting up around town land near the trail, check with Town office before starting any trail work. 

County Municipality Meeting – email the county and verify the position of the tax setoff discussion.  What the town has is legislated by the State.  Mayor Hoover briefly discussed the TMDL – change to stormwater management.  Feds are mandating the state to come up with a plan to control the pollutants that are being runoff. 

VFW – They would like a letter confirming the installation of the flagpole at the Doughboy and they would like to hold a dedication ceremony on November 12, 2011.  Commissioner Joy drafted a letter that was approved. 

Solar Farm – email correspondence with CLP which is handling the hiring for the solar farm being constructed on Mt.  Saint Mary’s property.  Commissioner Staiger is trying to put something together to give local residents an opportunity to participate in this project.  Information will be put on the website and channel 99 with a link to a Craigslist job ad for those interested. 

Consent Agenda -  none

Reports:

Town Manager Report -  public works department monthly activities to include a water production and consumption analysis.   Detailed report at Exhibit A.

Police Report -  Deputy McQuain reported on July and August 2011 police report.   He introduced Cpl.   Gary Cline.   Detailed report at Exhibit B.

II.       Agenda Items

Review of Comprehensive Plan Objectives

This item was tabled to the second meeting in October.   Unanimous consent.  

Discussion of Chapter 8.12.040: Removal of Grass and Weeds

Commissioner Staiger read aloud Section 8.12.040 removal of grass and weeds. 

Public Comment: Zenas Sykes, 580 Timber Court, - Expressed that this section of the ordinance is not enforceable in the boundaries of Brookfield and petitioned the Board to act accordingly.  Mitchell Gregor, 1340 Wheatley Drive – requested a text amendment to the existing ordinance to ban this type of spraying in a residential neighborhood,  also asked that enforcement discretion be applied.  Shawn Calhoun, 1330 Wheatley Drive – suggested a waiver of the ordinance in Brookfield.  Rick Olesek, 1405 Ramblewood Drive- favored keeping grass cut, believed there could be a happy medium.  Jeff Little, 410 Timbermill Run – In favor of the guidelines of the ordinance. 

Commissioner Staiger commented that when things are enforced selectively, the Board is open to allocations of favoritism.  Richard Demitt, Brookfield property owner – felt that lots that are not built on should be held at a different level than one with homes built on them.  Open space will be maintained.  Mayor Hoover stated the ordinance has been more enforced this year due to the number of complaints.  Commissioner O’Donnell in favor of the suggestion for a possible waiver procedure.  Staff will clarify some definitions i.e., developed, improved, to refine the discussion of the “impermanent situation”.  The first draft of the improved section will be reviewed at the mid-November meeting.    

Ordinances 11-18, 11-21 and 11-20:  Chapters 17.32.070, 17.32.110 and 17.40.050: R1 and R2 zone setback requirements Discussion

This matter considers R1 and R2 zoning properties to provide a reconfiguration revision of setback to those of the village zone to allow for the construction of a garage or canopy on a narrow lot.  Public Comment: Cindy Ott, 114 DePaul Street - asking Board to amend the ordinance in R1 to allow for a 6 foot setback on one side for small older properties.  Robert Rosensteel, 110 DePaul Street - commented that the ordinance in consideration should take care of the Ott’s request and that they not have to go through another Board of Appeals. 

Commissioner Staiger stated that the goal was to try and make sure that some of the smaller properties that were encumbered by the six-foot setbacks on both sides get some relief.  Mayor Hoover stated that the Board of Appeals requirement probably could be done away with in this text amendment, also go back and look at the village zone and do both of them the same.  Focus on the narrow 30-foot wide or less lots and be a secondary-use structure.  Ms. Cipperly suggested keeping the uses as garage or canopy at this time.  All were in agreement of “by right” use just for detached garages or canopies for lots 30 feet or less in the residential districts with the requirement to maintain the six-foot side setback on at least one side, except for any other requirements pertaining to easements, etc.  The revised version of the ordinances will be presented to the Planning Commission then return to the Board.                                                                                                                                                

Consider Resolution 2011-03R authorizing the refinance of 140 S Seton Avenue

Bank required resolution for refinancing 140 S. Seton Avenue property.  This item was not brought to consideration as no bidding information (rates and banks contacted) were provided. 

Consider Ordinance 11-22 – Code of Ethics

The State Legislation passed legislation that the municipalities update their Ethics Ordinance.  The Board extensively reviewed the code as prepared by the town attorney.  Some verbiage was changed and other items questioned.  This item will return at the first meeting in October with attendance and advice of the town attorney.     

MOTIONS: The following motions were approved by the Board unanimously.  On page 28 item A: strike appointed by the Mayor and change to nominated by the Mayor or Commissioners and appointed by the Board of Commissioners.  Page 29 item C: strike The and replace with A.  On page 32 Item E number 2: change former member to elected official.  Page 36 Item A number 1: add at the end of sentence as well as the Town Clerk and the Town Manager.  Page 44 Item A number 2: fill in the blank with $100 and also on page 45 item D number 2.                                                                                                                                          

Ordinance 11-19 – Village Zone sign ordinance

The multi-story location criteria was eliminated, section B paragraph 3, as not all second stories are uniform and it would be difficult for some businesses to install a sign under the current ordinance.                                                                                                             

         Motion: - To except Ordinance 11-19, Village Zone sign ordinance, as submitted. 

         Motion by Commissioner O’Donnell, second by Commissioner Sweeney

                                     Vote: 5-0 in favor

III.     Public Comments

Zenas Sykes, 580 Timbermill Court, -expressed his views and questions on several community matters.

IV.      Set Agenda Items for October 3, 2011 Town Meeting

1. Oath of office of the Elected Officials

2. Reorganization of the Board of Commissioners

3. Consideration of Ethics Ordinance

4. Consider Resolution 2011-03R: Resolution authorizing the refinance of 140 S.  Seton Avenue 

5. Items related to wastewater treatment plant upgrade

6. Park violation

V.        SIGN APPROVED TEXT AMENDMENTS AND/OR RESOLUTIONS

VI       Adjournment

With no further business, the September 19, 2011 Town Meeting was adjourned at 11:10 p.m.