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



August 19, 2013

Emmitsburg Town Office



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

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

Absent:  James Hoover with prior notice. 

Call to Order

Commissioner Tim O’Donnell, President of the Board of Commissioners, called the August 19, 2013 Town Meeting to order at 7:30 p.m.  Pledge of Allegiance was recited.


Approval of Minutes

The Minutes of the July 15, 2013 Town Meeting were approved as presented.


Commissioner Comments - cited announcements to include the Catoctin Pregnancy Center Run For Life fund raiser and the EOPCC fund raiser on September 21, 2013 at Mt. Saint Mary’s. 


Mayor’s Comments - reported that it was a good summer:  A new record was set at a pool party--over 250 attended.  The Back To School Day was very successful, over 400 people attended.  Town is gearing up for a Day To Serve with the state the week of September 21-18, in the process of organizing a team group.  Town has been overwhelmed with requests for money for the grant program for downtown.  He reported that town is having trouble with vandalism-- there have been 5 street lights broken out in the Brookfield subdivision and spray paint activity on North Alley. 


Administrative Business

·         Discussion to outline use of the $10,000 line item from the square project

·         Resolution approving the application and receipt of financing for Community Legacy projects - a motion was made for Resolution 2013-03R to be moved to the consent agenda for a vote.  Unanimous consent from the Board.   

·         Discussion why the 50% difference in tonnage from new garbage contractor versus old contractor.

·         Questioned if health care changes will affect town health care plan cost – Dave will get with Donna or Cathy.

·         Request and lengthy discussion for future presentation of sequence of spending and guidelines of funding for the square project.  Mayor Briggs stated that there is $185,000 worth of work that people want to do downtown. When questioned if this is a separate program, Mayor Briggs responded that it is all part of the same thing to improve downtown, that the town has gotten grants for that as well as from Community Legacy, “it all ties together, it is seamless.”  To clarify to the Mayor what the Board may be seeking, as an example, Mr. Haller proffered the recent process of constructing the sewer plant: Those steps included design RFP, drawings, state approval, engineer’s cost estimates and bidding to determine actual cost.  At this point is when the financial feasibility and resources are considered by the Board which could include bond application, grants, and/or other alternate means of financing. 

·         SHA repairing Main Street

·         Gravel in the gutters on Cedar Lane

·         Damage to light poles in Brookfield subdivision

·         Brief discussion on sidewalks


Consent Agenda - Approving Resolution 2013-03R-the application and receipt of Financing for Community Legacy Projects.   Motion made by Commissioner Joy and second by Commissioner Sweeney.  Vote 4-0 in favor. 



Town Manager’s Report - reported on the public works department monthly activities to include a water production and consumption analysis.  All the LED street lights and facility lights are in place now.  Rainbow Lake is 5” below the spillway; wells are averaging 5.7’ below optimum level that was last reached in May 2011.  There is a precipitation deficit of 1.2” over the last six months.   Staff has trimmed the trees and brush along the walking trail in Community Park.   Town Planner’s Report – Sue Cipperly reported that staff continued work on the square project with consultants and SHA.  She met with the Planning Commission about the family daycare item that was mentioned at the last meeting, attended a Historic Preservation seminar and also met with the sustainable community legacy members to start review of the community legacy applications that have been received.  Detailed report at Exhibit A


Treasurer’s Report – Commissioner Sweeney reported on July 2013 cash activity.  Detailed report at Exhibit B


Planning Commission Report:  Commissioner Joy reported on the July 29, 2013 meeting wherein they approved a replacement fence around the SWM pond at Southgate and discussed the family daycare ideas brought by Town Planner. 


Police Report - Deputy Eyler reported on July 2013 police report.  Detailed report at Exhibit C



II.       Agenda Items


Energy Policies

Ms. Cipperly stated these policies were on the agenda in July and after some questions by the Board the policies have been revised.  The Alternative Energy Policy has to do with the solar fields at the wastewater treatment plant.  She went over the changes made to both policies that were included in the packet for Board to review.                                                                                                                             

Motion:  To approve Policy P13-02 Town of Emmitsburg Electrical Energy Efficiency Policy and Policy P13-03 Town of Emmitsburg Alternative Energy Policy with correct spelling to the word “town” section two, paragraph (b).   

         Motion made by Commissioner Joy, second by Commissioner Sweeney.

                                     Vote: 4-0 in favor


Disturbance Ordinance

Mayor Briggs stated this was an issue before he became Mayor.  He proposed to the Board this meeting to discuss, review and work with to see if something can be done to cut down on these activities going on in town.  During the Board discussion it was stated that there needs to be a finding of facts history; a record of the problems is needed before the problems can be fixed.  In the 2010 timeframe there was an effort to address college students and underage drinking.  Mr. Haller stated that most complaints called in are related to noise or trash.  Staff was directed to evaluate the best way to handle the issue, develop an ordinance and bring back if finding of facts can be identified for an ordinance to stand.


 Amendment to Address Ordinance

Ms. Cipperly summarized the proposed ordinance amendment to the address ordinance which includes a requirement of numbering on the rear of all addressable buildings which are located between two roadways.  The primary intent is to improve the ability of emergency services and law enforcement to find individual properties.  Having buildings numbered at the rear would also improve the ability of the town and its contractors to provide services.  The ordinance is patterned after the Frederick County Fire Prevention code.  She read over the requirements of the premise identification numbers.  Discussion -Remove the word “manager” from paragraph B under 15.08.010 Premise Identification.  Board would like to have a notice put in water bills, on channel 99 and online to inform residents.  Commissioner Joy made a motion to approve the proposed ordinance amendment with changes but motion was withdrawn because there was no ordinance number provided.  This item will be brought back at the next meeting with changes on the Consent Agenda. 


Set Agenda Items for September 3, 2013 Town Meeting

1.    Presentation on the solar project

2.    Paving bids for approval

3.    Proposed CIP budget transfer

4.    Approval of the election judges – consent agenda

5.    Address Ordinance – consent agenda

6.    Trail work day in October – consent agenda


III.     Public Comments

Loretta Sprankle, 25 Federal Avenue - request for speed bumps on Federal Avenue, expressed concerns of too many buildings on lots and weight limit of trucks on town roads.   Richard Lindsey, Creamery Road commented on the SHA repair on Main Street. 




V.        Adjournment


With no further business, the August 19, 2013 Town Meeting was adjourned at 9:46 p.m.