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



July 1, 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 Sue Cipperly, Town Planner; Donna Despres, Town Clerk and Dave Haller, Town Manager.


Call to Order

Commissioner Tim O’Donnell, President of the Board of Commissioners, called the July 1, 2013 Town Meeting to order at 7:30 p.m.  Pledge of Allegiance was recited.

Appearance by Frederick County Commissioners Blaine Young and Kirby Delauter spoke to the Board on matters of fire support, personnel/budget cuts and, upon Board inquiry, transportation.   


Approval of Minutes

The Minutes of the June 17, 2013 Town Meeting were approved as presented.   


Commissioner Comments

Commissioners cited recognitions to include thanks to organizers of Heritage Days, the combined effort of all local organizations and staff, and county commissioners for participating in the parade.  There was also a great turnout for the bike ride.  Attendances included the annual MML conference citing the sessions attended and meetings with state representatives--legislative and agency.   Also from the MML conference there was a comment on the water shed implementation program referred to as WHIP.

Mayor’s Comments - successful Heritage Day and MML convention.   Concerns with state highway re planned renovation of square.   He also cited various attendances at area events.   

Administrative Business

·         Community Pool – hose constantly running

·         Solar/lights

Consent Agenda - none



Treasurer’s Report - Commissioner Sweeney reported on June 2013 cash activity.  Detailed report at Exhibit A.

Planning Commission Report – There was no planning commission meeting in the month of June. 



II.       Agenda Items


Solar project funding

This item was referred to the July 15, 2013 upon prior request.


Chicken Ordinances: 13-05 Section 17-Zoning; 13-06 Section 6-Animals

Ms. Cipperly gave a bit of background on the item stating that staff has been working on this since about March 2013.  Ms. Cipperly introduced changes to the ordinances to the council.  Public Comments: Adam Leverette, 404 West Main Street – questioned the

need for a site plan for the chicken coops.  Kimberly Nicolet, 400 West Main Street - opposed to the chicken ordinance.  The Board did not have any opposition with Ordinance 13-05 Zoning.  Discussion took place for Ordinance 13-06 Animals.  Commissioner Hoover went over the proposed items he would like to have changed.   Commissioner Staiger suggested putting a sunset provision on the ordinance.                                                                                                

Motion: - To approve Ordinance 13-05 Section 17 entitled Zoning.  

Motion by Commissioner Joy, second by Commissioner Hoover 

                                     Vote: 5-0 in favor

Motion: - To approve Ordinance 13-06 Section 6 entitled Animals as modified with the recommended changes by Commissioner Hoover, except for number 8 which shall be kept as the original language; and add an item 12, “The provisions of this subsection B shall expire 18 months from passage unless extended by ordinance”.  The recommended changes to be made in Section B Chickens:  at subsection item number 1 after the word “the”, add the word “total.”  Under number 4 after the word “moved”, add “shall be considered as permanent structures and therefore.”  Under number 5 after the words “location to location”, add “shall not be required to meet the requirements for accessory structures as stated in Title 17, but.”  Under number 6 after the word “coop”, add “or pen.”  After the word “any”, add the word “adjacent.” 

Motion Amendment - Motion was amended to remove the word “adjacent” under number 6 so that it reads “25 feet from any residential dwelling unit.” 

Motion by Commissioner Joy, second by Commissioner Sweeney.   

                            Vote: 5-0 in favor    


Littering penalty - discussion

Mayor Briggs stated that there have been great concerns about the littering and trash problems in the town to include furniture being placed in the dumpsters and he is looking to the Board to see if there is some way they would like to address this problem.  Some questions that arose during discussion were enforcement and how other municipalities deal with littering.  It was stated that passing an ordinance does not address the issue.   Recommendation was made for staff to contact MML.   


Code of conduct for elected officials – discussion

Mayor Briggs reported that this was something that was looked at a couple months ago and the Board concurred to have it put on the agenda as a discussion item.  This was currently passed in the town of Brunswick.  Some concerns expressed were the code of conduct only spoke of elected officials; that it should apply to all staff; and the premise that it becomes a method to induce conformity.  Commissioner Joy commented that it’s the president’s job to enforce conduct of officials.   Commissioner Hoover reported that the employee handbook already covers code of conduct.  Commissioner Hoover agrees with concept saying that it would especially benefit newly elected officials and although there have been no major problems that the best time to implement such a policy is before a problem happens.  Commissioner Sweeney was in favor of the idea.  Commissioner Joy stated that the example presented would need some changes.    


Set Agenda Items for July 15, 2013 Town Meeting

1.   Budget transfer – Solar funding FY2013

2.   Trail update


Consent agenda

·         Reappointment to the Parks and Recreation Committee


III.      Public Comments – none




V.        Adjournment

         With no further business, the July 1, 2013 Town Meeting was adjourned at 9:45 p.m.