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





September 15, 2014

Emmitsburg Town Office


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

Staff present were Cathy Willets, Town Clerk; and Dave Haller, Town Manager.

Absent:  Commissioner Staiger arrived at 8:22 (no prior notice), Sue Cipperly, Town Planner with prior notice.


I.       Call to Order

Commissioner Tim O’Donnell, President of the Board of Commissioners, called the September 15, 2014 Town Meeting to order at 7:30 p.m. Pledge of Allegiance was recited.


Approval of Minutes

The Minutes of the September 2, 2014 Town Meeting were approved as presented.


President O’Donnell welcomed David Dunn, Liaison for Frederick County Commissioners.


Commissioner Comments

Commissioner(s) cited announcements to include upcoming Scotty’s Ride, Wine Tasting at MSM; Lions Club Chicken BBQ; Health Fair; Sea Service and Fallen Firefighters Weekend.  Attendances included Emmitsburg/Thurmont community show and working at food bank.  Recognitions included Commissioner Staiger’s service to the Town of Emmitsburg and recycling efforts.


Mayor’s Comments

Mayor Briggs read an article about renewable energy stating that the Town is getting 40-45% electrical needs through renewal energy. He attended the MML Fall conference, some table talk items were foreclosures and nuisance ordinance. The Silo Hill Park Grant proposal has been signed. The Green Team has been cleaning up Main Street and Christ Community Church will have another “Light in the Park” upcoming event.


Administrative Business

  • Deadline for Community Garden clean-up

  • Lights in town parking lot – a few out

  • Gravel clean up from resurfacing of courts

  • Parks Committee report from Commissioner Mellor

  • Question to apply for possible easement from Frailey Property for West Lincoln to widen Road – Mr. Haller will get with Commissioner Blanchard to take a look at it.

  • Complaints about smoking in front of library - David Dunn stated the County is ok with whatever town decides (bench, signage).

  • Update on the Square Funding from SHA


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 the town is still in 12.9” precipitation surplus; town had a good month at the sewer plant, a little less than 28% of what was processed was wild water and no spills of untreated sewage; town exceeded the plants design capacity on two days but did not resolve in a spill or any dysfunction of the plant. The contractor has completed the resurfacing of the tennis and basketball courts and staff has added some more cross drains on hiking trail. Town Planner’s Report – In Ms. Cipperly’s absence Mr. Haller highlighted the planners report. He touched on Flood Plain Ordinance; Community Legacy grant; Dollar General Plat signed; 400 West Main Street appeal, which was denied and letter to 227 DePaul street related to removal of two mobile homes. Detailed report at Exhibit A.


Police Report - Deputy Rohrer reported on August 2014 police activity. He answered some questions in regards to the stabbing and strong armed robbery and was asked to speak to property owner at 400 West Main St. in related to neighbors. Detailed report at Exhibit B.


II.        Agenda Items


Water/Sewer Billing Ordinance 14-08

Mr. Haller stated the basic concept is that from time to time through no intentional fault of the water and sewer client there can be a malfunction in their building. As most water systems operate if it goes through the meter “you own it”, which Mr. Haller said he has seen bring hardship to people over his time here as Town Manager. He would like to suggest leaving an allowance for such cases. The ordinance is written in a way which he feels can’t be abused. He explained the ordinance which would allow client to apply for a waiver if the water bill is more than 25% above what their three year average would be due to a malfunction.  The client would only be able to get a waiver once in a three year period. He is looking for the Boards support.         


Motion:  To approve an ordinance to amend Title 13 of the Code of Emmitsburg entitled Public Services Ordinance 14-08.

Motion by Commissioner Mellor second by Commissioner Sweeney.

                                       Vote: 5-0 in favor


Nuisance Ordinance

This item was withdrawn at request of Mayor.


Address terms of office related to parks and recreation committee

Mr. Haller stated that Commissioner Mellor has relayed to staff that she believes some of the present members were not performing to the requirement of the ordinance. Staff has received a list of all active members. The code allows for removal but it needs a vote from the Board of Commissioners and a recommendation from the committee. Commissioner Mellor as liaison to the Parks and Recreation committee recommends removal of Bill Bingman and Jennifer Benson for lack of attendance.


Motion: - To remove Bill Bingman and Jennifer Benson of the Parks and Recreation     Committee in accordance with the liaison.

Motion by Commissioner Sweeney second by Commissioner Blanchard.   

                                      Vote: 5-0 in favor


Set Agenda Items for October 6, 2014 Town Meeting

  1. Swearing in of new officials 

  2. Re-organization of the Board

  3. Cluster Development Ordinance


III.      Public Comments - Joseph Ritz, III – 4 Irishtown Ct. – announced he will be running for the seat of Town Commissioner; thanked Commissioner Staiger for his service and asked residents to get out and vote.




V.        Adjournment

          With no further business, the September 15, 2014 Town Meeting was adjourned at 8:39 p.m.