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





August 18, 2014

Emmitsburg Town Office




Present:  Mayor Donald Briggs; Commissioners Clifford Sweeney, Christopher Staiger, Jennifer Mellor, Glenn Blanchard and Tim O’Donnell, President.

Staff present were Vickie Felix and Sue Cipperly, Town Planner.

Absent:  Dave Haller, Town Manager with prior notice


I.       Call to Order

Commissioner Tim O’Donnell, President of the Board of Commissioners, called the August 18, 2014 Town Meeting to order at 7:30 p.m. Pledge of Allegiance was recited.


Approval of Minutes

The Minutes of the July 21, 2014 Town Meeting were approved as presented.


Commissioner Comments

Commissioners’ cited attendances to include the pool parties, both very well attended; the concert in the park; the back to school night event at Christ Community Church, handed out over 200 items to children. The garden plots are starting to flourish; hopefully next year town can expand the operation. The food bank will take produce donations.  Announcements included children going back to school, please be watchful of the children walking; the pool will be opened every weekend from now until Labor Day; the Cross Mountain Trail from Hampton Valley Rd. to Crystal Fountain Rd is nearing completion. The trail will only be open on Sundays once hunting starts.  Staff was complimented on their efficiency in helping Commissioner Blanchard with his porch permit. Emphasis was made on the value of wearing helmets and wishes of wellness were expressed for the boy injured while skate boarding.                                                


County Commissioners’ liaison David Dunn was present and addressed the Board stating the MOU is being developed for the path from the town to the college. The Commissioner’s are moving forward with that to make the 1/3 contribution that they agreed to do.   


Mayor’s Comments

Mayor Briggs attended the pool parties; back to school night. He recognized all the businesses that helped with the pool parties. He announced that the town has rejoined the Chamber of Commerce; Bishop Lori will be celebrating a Mass at the Basilica, he is a Mount Seminary graduate; the refrigerator replacement program put on by the County has been very well received, over 30 people received new refrigerators; the Deputies are now taking a Narcan training. He thanked the EBPA for their $1,000 and the Frederick County Tourism Council for their $1,500 to put towards the three sided Kiosks that will be put downtown.   


Administrative Business

·         Trail Work Days scheduled for 10.5.14 and 11.2.14

·         Parks Committee Business

o    Appoint Sandy Umbel to Parks Committee – unanimous consent

o    Clean up – parks committee membership/list


Consent Agenda - none



Town Manager Report - reported on the public works department monthly activities to include a water production and consumption analysis. Mayor Briggs highlighted some items in Mr. Haller’s absence. Staff hung up the hanging baskets in the square; Rainbow Lake is now 2.5” below the spillway level; there is a precipitation surplus of 13.2”; trash pickup post Labor Day will be Tuesday, September 2, 2014; trees were trimmed in the parks; staff has installed a new baby swing; the basket ball and tennis courts have been resurfaced. Staff met with the HR consultants related to job descriptions. Zoning/Code Enforcement Report – Ms. Cipperly highlighted that staff has received approval for second round of grant money for the Energy Administration grant for $30,000. Jerry Muir has been developing some weatherization proposals that get submitted to the State for the WWTP and WTP. If those are approved Town will get money to make those facilities more energy efficient.  Town Planners Report - Ms. Cipperly highlighted that she has spent a lot of time on the Community Legacy grant program; which has been very popular. In FY2013 there were four projects which are finished or nearing completion and FY2014 there were six projects in the last round and staff just had another round where they got three additional projects in. This is really helping people enhance buildings that they otherwise couldn’t afford. This is a 50/50 match; state and private money. Ms. Cipperly applied for $150,000 for FY2015. Dollar General is still ongoing; she spoke with someone today in regards to the architectural issue that were expressed.  Detailed report at Exhibit A.


Police Report -  Deputy Rohrer reported on July 2014 police activities. There was a brief discussion in regards to the young skate boarder who experienced a head injury due to not wearing a helmet. Deputy Rohrer will look into getting safety pamphlets to hand out in schools. Commissioner Blanchard stated he appreciated the bike patrols. Detailed report at Exhibit B.


Treasurer’s Report – Commissioner Blanchard reported on July 2014 cash activity. Detailed report at Exhibit C.


Planning Commission Report – Ms. Cipperly stated the report combines with tonight’s agenda item. Ms. Cipperly reported the planning commission met and the agenda item was the Floodplain Ordinance which in on the agenda list for tonight.


II.        Agenda Items


Delegate Kelly Schultz

Delegate Kelly Schultz was present and addressed the Board stating that she was present to see if the Town had any immediate needs to be addressed at the State level. She will check with the SHA in regards to the sidewalks timeline; concerns were expressed by Board for pedestrians with Dollar General Store going in.


Loan Resolution and Security Agreement for Subsequent Funding For WWTP

Mayor Briggs presented that at the April 21, 2014 town meeting the Board unanimously approved staff to move forward with arrangements with USDA for the additional $2,001,000 for the WWTP;  $1,000,000 will be grant and $1,001,000 made available in loan at 2.5% over a 40 year term. This is the paper work for the resolution and security agreement that needs to be signed. During Board discussion there was concern on item number 17 which appears to be incomplete. The documents were reviewed by the Town Attorney.


Motion: - To accept the Loan Resolution and Security Agreement.

Motion made by Commissioner Sweeney and second by Commissioner Blanchard.

                                      Vote: 3-1in favor

                                                Commissioner Mellor against

                                                Commissioner Staiger abstained


FY 15 General Fund Budget Transfer

Mayor Briggs stated that when the Emmitsburg Baseball team were going on to play in the regional’s in New York they needed funding and Mayor Briggs transferred money out of his discretionary funds to supply the need and now would like to request a budget transfer to be made within the general fund – legislative & executive department. Increase account 6100 other expenses by $1,500 and decrease account 5401 education & conferences by $1,000 and decrease account 5304 communications by $500.                                                                                                                                                  


          Motion: - To accept the FY 2015 General Fund Budget transfer.

Motion made by Commissioner Mellor and second by Commissioner Sweeney.      

                                      Vote: 5-0 in favor


Flood plain ordinance for consideration and adoption

Ms. Cipperly stated the Floodplain ordinance came to the Board in June which was referred to the Planning Commission because it was going to be inserted into the zoning section of the town ordinance. Anytime there is a change to the ordinance the Planning Commission is suppose to be involved. The Planning Commission met and they recommended that the Floodplain Ordinance take place. Ms. Cipperly stated that it has been advertised properly in the Frederick News Post. Essentially this is a federal document that keeps people from building in floodplains. The reason it is being put in the zoning ordinance is to provide for an appeals procedure. There was a brief discussion on the elevation certificate.


Motion: - To approve the Flood Plain Ordinance 14-06; An ordinance to repeal Chapter 15.28 of Title 15 of the Code of Emmitsburg Entitled Floodplain Management Regulations and to enact Chapter 17.42 of Title 17 to be entitled Floodplain Management.

          Motion made by Commissioner Sweeney and second by Commissioner Blanchard.

                                      Vote: 5-0 in favor


Set Agenda Items for September 2, 2014 Town Meeting

1.     Solar power phase II discussion

2.     Appointing election judge and election judge alternate – Consent Agenda

3.    Re-appointments to the Board of Appeals – Consent Agenda  


III.      Public Comments – Candidate Mark Long, PO Box 495, Thurmont, MD 21788 – Commented that he is running for County Council District 5. He wanted to introduce himself and get acquainted with the Board. Candidate Susan Jessee, 8694 S. Pacific Ct., Middletown, MD 21769 – Commented she is running for County Council at large. She gave a brief background of herself and experience/involvement with the county.




V.        Adjournment

          With no further business, the August 18, 2014 Town Meeting was adjourned at 8:44p.m.