Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland



                                               APRIL 15, 2013

Emmitsburg Town Office




Present:  Commissioners Clifford Sweeney, Christopher Staiger, Patrick Joy, James Hoover and Tim O’Donnell, President. 

Staff present were Vickie Felix; Sue Cipperly, Town Planner and Dave Haller, Town Manager.

Absent:  Mayor Briggs and Chris Staiger with prior notice.   Commissioner Sweeney arrived at 7:34


I.       Call to Order

Commissioner Tim O’Donnell, President of the Board of Commissioners, called the April 15, 2013 Town Meeting to order at 7:30 p.m.  Pledge of Allegiance was recited.


Announcement of a Closed Session

A closed Executive Session was held at the Emmitsburg Town Office on April 1, 2013 at 8:38 p.m. for the discussion of litigation issues as permitted by the Annotated Code of Maryland, State Government Article: Section10-508 (a) Closed Meetings, Item 8 pending or potential litigation.  The motion to hold this closed meeting was made by Commissioner Joy and seconded by Commissioner Sweeney at the preceding Town Meeting on April 1, 2013.   The vote was 3-0 in favor of the motion, Commissioners Staiger and Hoover absent.  The Board was informed of the status of James vs. Town of Emmitsburg and the recommended legal advice from LGIT attorneys.  The matter is still pending an April 17, 2013 hearing.   


 Approval of Minutes

The Minutes of the April 1, 2103 Town Meeting were approved as presented.


Commissioner Comments

Commissioner(s) cited attendances to include the Little League opening ceremonies and Passport to Wealth at the Seton Center.  Trail day was successful.  Upcoming events will be another Community/Heritage meeting on April 23 and a Community Gardens event on the 27.   


Mayor’s Comments – none


Administrative Business

  • Commissioner Joy requested a contact name in regards to the crosswalks.

  • Request for a map of proposed trails related to the easement

  • Commissioner O’Donnell would like to visit the wastewater treatment plant on April 18 at 2 p.m.


Consent Agenda - none



Town Manager Report - reported on the public works department monthly activities to include a water production and consumption analysis.  Mr. Haller highlighted that there were no untreated spills; however town did exceed plant’s design capacity for treatment on three days in the month of March.  Town went from a surplus to a slight deficit in precipitation over the last six months.  The wells remain stabilized for the last six months about 5 feet under the maximum but stable.  Commissioner O’Donnell asked on behalf of parks and recreation about raised garden beds and Mr. Haller informed him that all the material is ready for them and will be on site by Friday the 26thTown Planner Report - Ms.  Cipperly highlighted that staff is still working on the follow-up for the square project; they met with state highway staff on their analysis of the project.  Staff has been working on a Maryland Smart Energy Communities program application.  If the application gets accepted, town could get up to $20,000 toward energy efficient items.  She completed the final application submittal materials for MHAA grant.  She also attended the Planning Director’s roundtable meeting in Crownsville; the topic was complete streets.  Detailed report at Exhibit A.

Police Report - Deputy Eyler reported on March 2013 police report.  Detailed report at Exhibit B. 



II.       Agenda Items


Pool management bids

Mr. Haller stated that four companies were contacted and an ad was run in the newspaper.  Staff received two bids; however, on March 12, 2103, American Pools withdrew their proposal/bid for 2013 pool season.  Staff supports the remaining bid from Serenity Pool Management, LLC for $44,853.  Commissioner O’Donnell would like to request that the employees wear some form of uniform.                                                                                                                                         

Motion: to accept Serenity Pool Management, LLC bid for $44,853 for the 2013 pool season on the condition that they agree to wear uniforms while on duty at all times. 

Motion made by Commissioner Hoover, second by Commissioner Joy.

                                     Vote: 4-0 in favor


Poultry ordinance revision

This proposed amendment to Title 6 – Animals is for discussion only until after the April 29, 2013 Planning Commission meeting.  Changes to Section 17.080.170 – Prohibited Uses, were referred to the Planning Commission by the Town Board, and will be considered at the April 29 meeting.  Ms. Cipperly commented at the last meeting the Board discussed that they wanted this ordinance to be in the animal section instead of zoning, therefore, she went through the ordinance and added necessary language.  Ms. Cipperly enumerated these changes.  Ms. Cipperly stated that her approach was to make it fair to the neighbors as well as the people who want the chickens.  Commissioner Hoover recommends this item be tabled and he would like to work with Town Planner to “clean up” Title 6.   No opposition; unanimous consent. 


Proposed Section 8 Charter change for elected officials – discussion

Commissioner Joy presented to the Board his proposal.  He reported that it basically states that if a commissioner is out of office for any reason, the vacancy will be filled at the next general election.  His proposed Section 8 - Vacancies doesn’t mention the Mayor replacement because the ordinance already states if the Mayor leaves or can’t function, the president becomes the Mayor.  Discussion took place as the Board reviewed and presented recommended changes to the proposal.  It was suggested that the language be changed to read “the person shall serve for the remainder of the term of the vacating commissioner”.  Commissioner Joy will draft a text amendment and contact Town Clerk to make sure they meet advertising requirements and bring back to the Board.            


Budget and CIP ordinances – discussion

Commissioner Joy stated his proposed draft is two separated areas; 3.01 Budget-Generally and 3.02 Capital Improvement Projects.  He went over his proposal with the Board commenting that he is trying to standardize what is done into a process and making it an ordinance to make sure it is enforced.  Commissioner Hoover stated that some of this might be covered in the purchasing ordinance.  On 3.01 item D, it was suggested that the treasurer give a status report of the Town budget at least quarterly instead of the Town Clerk.  On 3.01 item B, there is the need to look at changing the percentage amount; 5% is not much in a municipal budget and maybe put a cap on total budget amount.  Considering chapter 3.02, Commissioner Joy commented that most ordinances define what a CIP project is.  Commissioner Hoover expressed his disagreement with what was said that a capital project is something that spans over multiple years, he stated it could be a very little amount of money or a very quick project.  Commissioner Joy will submit the proposals electronically to town staff to bring back at future date.


Set Agenda Items for May 6, 2013 Town Meeting

  1. Public hearing to set revised water rates Ordinance 13.07

  2. Mayor’s presentation of 2014 budget

  3. Set tax rate for 2014 – discussion


III.     Public CommentsAdam Levorette, 404 West Main Street - commented on the poultry ordinance revisions and suggested some changes. 




V.        Adjournment


With no further business, the April 15, 2013 Town Meeting was adjourned at 9:07 p.m.