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



June 17, 2013

Emmitsburg Town Office



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

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

I.            Call to Order

Commissioner Tim O’Donnell, President of the Board of Commissioners, called the June 17, 2013 Town Meeting to order at 7:30 p.m.  Pledge of Allegiance was recited.


Approval of Minutes

The Minutes of the June 3, 2013 Town Meeting were approved as presented. 


Commissioner Comments

Commissioners cited upcoming events to include Community/Heritage Days and the MML conference where attendees will have the opportunity to meet with cabinet members.  It was announced that there has been positive feedback from business owners regarding the town square project and also the new splash park received positive feedback and the concert in the park was well attended. 


Mayor’s Comments

Mayor Briggs cited attendances to include the opening of the pool and the funeral service for the young man in town that died of a drug overdose last week.  Mayor Briggs spoke at the service and stated that the town will do all that can be done to fight the drug issue in Emmitsburg.  He encouraged all town residents to be involved in helping.  He commended Jennifer Joy and Commissioner Sweeney on all they have done to prepare for Community/Heritage Day and reported that there was an overwhelming response for the parade. 


Administrative Business

·         Clean up area around the doughboy before Community/Heritage days

·         Tap fee agenda item

·         Garden across from Jubilee

·         Fix concrete slab at pool pavilion – drainage issue?

·         Splash park – concern of kids standing on jets might overload pump

·         Maintenance on cutters and curbs around town

·         Town square beautification

·         New requirements regarding training on the Open Meetings Act


Consent Agenda

Appoint Richard Lindsey to Advisory Committee. 

         Motion: to appoint Mr. Richard Lindsey to Advisory Committee.

         Motion made by Commissioner Hoover, second by Commissioner Staiger.

                                              Vote: 5 -0 



Town Manager Report - reported on the public works department monthly activities to include a water production and consumption analysis.  Mr. Haller highlighted that the wells are down an average of 5.7 feet from May 2011.  Rainfall is good; there is 2/10-inch deficit which is very minimal.  There were no spills of untreated sewerage in the month of May and the town did not exceed the plant’s design capacity on any days in the month of May.  The splash park is complete and operating.   It seems to be functioning well. 

Town Planner’s Report – Ms. Cipperly highlighted that the community legacy applications were released on May 20, 2013 the first phase deadline is July 1, 2013.  She attended the Catoctin Scenic Byways meeting at the U.S. 15 Welcome Center where there are new exhibits showcasing Emmitsburg and the surrounding area and encouraged residents to go see them.  She met with SHA District 7, Frederick County Planner Seth Harry, and town staff regarding traffic modeling for the square.  Evaluation and discussion will continue.  Seth Harry engaged a colleague of his who is a traffic engineer to look at some of the information.  Detailed report at Exhibit A.

Police Report - Deputy Patterson reported on May 2013 police activity.  Detailed report at Exhibit B.



II.     Agenda Items

Tap Fees, Persona Custom Homes

Mr. David Smith, President of Persona Custom Homes gave a presentation to discuss the tap fees.  He stated with all the fees and permits that would be needed to build, they’re looking at over $37,000 before a shovel is put in the ground; this is really a tough amount to absorb for national or small builder like themselves.  The County is set on their fees and will not reduce at this point.  He would like to make a proposal to cut the fees in half; then consider a potential sliding scale, to increase the cost of the lots as they increase in sales.   He also spoke of building a model home in which the tap fees would be waived until the home is sold.  The price point for homes would start at $299,000.  Mr. Haller stated that the taps are based on recent cost.  Commissioner Staiger recommended that Mr. Smith get a proposal together with the sliding scale, the model fee proposal to how they are going to manage the fees related to the first and potentially second models, a timetable and then meet with town staff to evaluate and staff who can then bring it to the board.   


Emmitsburg Electrical Energy Efficiency Policy /Emmitsburg Alternative Energy Policy

Ms. Cipperly stated that the town applied to the Maryland Energy Administrations Smart Energy Communities Program.  Zoning Technician Jerry Muir did the bulk of the work on the application.  The Town needed to apply for at least two of the three categories.  One of them is electrical energy efficiency, next is alternative energy and third category was fuel savings.  The process was sending in an application showing that the town could potentially meet the goals of the program.  This was approved and agreement signed.  The next step required is to adopt a policy for each of the programs that the town is involved in and submit to the state and then meet with state staff and develop a reduction plan for each of the programs.  The first Policy P13.02 is for electrical energy efficiency and the point of that program is to decrease electricity consumption for town-owned facilities by 15% within a 5-year period.  The LED project would fit this program very well and should achieve that goal.  The baseline year would be 2012.  Emmitsburg Alternative Energy Policy – This policy goal is to reduce conventional energy use by 20% by 2022 by using a renewable source.  The project for this category would be to power the new wastewater treatment plant by the solar field and sell back to the grid, getting credit for the sold energy as well as providing a new, less costly energy source to power the wastewater treatment plant.  This project is already underway.  The program is a matter of recording keeping once things are in place.  The town just needs to show it is accomplishing the goals.  During discussion the question was raised if both of these were associated with grants that town would be able to receive.  Ms. Cipperly reported that town was initially given $20,000 and then they came back and said the town could have another $17,500.  It did not state that there was any match needed, but plenty was already spent if a match would be needed per Mr. Haller.  The $37,500 would be used for those ongoing projects.  The Board was in favor of the policies but would like to clarify who the community energy manger is and how the money is being spent.  Ms Cipperly interjected that the policies need to be accepted before next step can take place.   

Motion:  approve Policy P13-02 Emmitsburg Electrical Energy Efficiency Policy and Policy P13-03 Emmitsburg Alternative Energy Policy but, that staff identify the community energy manager and that Board receive a commitment that the grant proceeds will be used to defray the cost of the LED or Solar program.   

Motion made by Commissioner Staiger, second by Commissioner Joy.                                                                         Vote: 5-0 in favor


Budget ordinance item related to CIP fund and General Fund

Commissioner Joy reported that the purpose of this is to standardize in ordinance form the outline of the process of the formation of the CIP and General fund.  He read over the proposed ordinance.  Discussion ensued.                                                                                                                                                  

Motion: - To modify proposed Ordinance 13-08 Revenue and Finance; Section 3.01 Budget-Generally: delete B.; redesignate C. as B.;  and add at the end of the new B. “without the approval of the Board of Commissioners.”  Redesignate D. as C. and in the new C., change the last sentence from “no less than quarter-annually” to “no less than quarterly.  In Section 3.02 Capital Improvement Projects: change the dollar amount from “$10,000” to “$5,000” and in Section 3.02 B., change the first sentence to read “the total estimated amount of fund required” instead of “the total amount of fund required.” 

Motion made by Commissioner Joy, second by Commissioner Staiger.    

                                              Vote: 5-0 in favor


Addressing possible FY 2013 budget transfer items

Donna Despres, Town Clerk presented the Board with the proposed FY 2013 budget transfers. 

         Motion: - To approve FY 2013 budget transfers as submitted. 

         Motion made by Commissioner Joy and second by Commissioner Hoover.

                                     Vote: 4-0 in favor

Commissioner Hoover stepped out of the room


Mrs. Despres reported that there have been costs on the solar project which she started to account for in capital improvements like a project; because that’s how the Board would like to see it, but there are no funds in capital funds for that.  She is asking for $3,000 to be transferred from the fund balance to the CIP fund.  This request will be brought back as an agenda item. 


Set Agenda Items for July 1, 2013 Town Meeting

1.    Solar project funding

2.    Chicken ordinance Section 17

3.    Chicken ordinance Section 6

4.    Littering penalty – discussion

5.    Code of conduct for elected officials – discussion


III.     Public Comments - none


IV.     Sign Approved Text Amendments and/or Resolutions


V.      Adjournment       


         With no further business, the June 17, 2013 Town Meeting was adjourned at 10:07 p.m.