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




October 20, 2014

Emmitsburg Town Office



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

Staff present were Amy Naill and Dave Haller, Town Manager.


I.       Call to Order

Commissioner Tim O’Donnell, President of the Board of Commissioners, called the October 20, 2014 Town Meeting to order at 7:30 p.m. Pledge of Allegiance was recited.


 Approval of Minutes

The Minutes of the October 6, 2014 Town Meeting were approved as presented.


Commissioner Comments

Commissioners cited attendances to include the Fallen Fire Fighters memorial service.  Announcements and upcoming events the Getty station on South Seton Ave., is now Valero; the turkey trot and the Mother Seton School Walk/Run event held at Mount Saint Mary’s. 


Mayor’s Comments

Mayor Briggs attended the Fallen Firefighters event, honored 107 fallen fire fighters; the 90th Anniversary of Emmitsburg High School. His announcements included that a commercial kiosk was installed on the square, it was well done and well received; turkey trot on Thanksgiving Day; and the Christmas Tree Lighting Ceremony. The SHA has assigned a planner design team leader and staff is in contact with them. On behalf of the town Mr. Haller will receive an award from Maryland Energy Administration for reducing energy use in the Town by 15%.


Administrative Business

·         Citizens Advisory Committee – reappointment of  Zenus Sykes and Ed Lowry.  Add Mark Walker as a new member.  Unanimous consent from the Board.

·         Remove Ann Kulcheski from Citizens Advisory Committee pursuant her request.  Unanimous consent from Board.

·         MORE would like to have Board of Directors meeting in town office Sunday November 9, 2014 – Commissioner O’Donnell will be here to open and lock up.


Consent Agenda - none



Town Manager Report -  reported on the public works department monthly activities to include a water production and consumption analysis. Dave Haller highlighted that the water table has dropped and the pool has been winterized.  Town Planners Report – Mr. Haller updated on the Dollar General Store: present owner needs to remove the building. The proper plats have been approved and legal documents completed. He highlighted the site plan information for potential commercial project on Silo Hill Parkway appears to be the relocation of the liquor store; staff reviewed and provided comments regarding concept plan for commercial land east of US 15.  Detailed report at Exhibit A.


Police Report -  Deputy Patterson reported on September 2014 police activity. Detailed report at Exhibit B.


II.        Agenda Items


Proposal for the solar project phase II

Jack Copus, Vice President of Business Development of Standard Solar gave a power point presentation. He commented they use third party financing. For Phase I and Phase II they use UGI performance solutions. He gave a review on Phase I. Phase II will be a little bit larger system of 1.29 Mega Watt ground mount with an estimated production of 1,683,000 kWh in first year. The rate will be 6.8 cents with a 2% escalator. Phase II will serve the new Waste Water Treatment Plant. Phase II is scheduled to be installed by June 2015.  The combined systems of Phase I and Phase II is estimated to provide 94% of the electricity that the town consumes by solar. The only meters that are not included are meters that are not based on a kWh production such as street lights. Phase II is also a 20 year term, no up-front cost. He explained that UGI paid the dollars to install the system; they own the asset, they sell the electricity produced by the array to the Town. There are three options at the end of a power purchase agreement 1. Buy the system at fair market value 2. Have the system removed at no cost to the town and the land restored to its original state 3. Re-negotiate and renew the contract for 5 year increments. System is monitored regularly and panels will be replaced Board as needed. Attorney Matt Pirnot who represents the Town of Emmitsburg gave them a summary copy of the terms of the contract and proceeded to go over the terms.  Two major changes to this contract were the start date for this contractwas postponed until the WWTP was expected to be online and the rate is a little lower. The obligations of the town are to provide land for the solar project, pay for the power that is generated and to not interfere with the solar project. There was a brief discussion on the easement of access.  The questioned was raised on how the savings of one million over a 20 year term would be passed onto the residents/users of the town. Mr. Haller responded the user or citizen benefits by lower sewer rates.


Motion:  to accept the power purchase agreement with Standard Solar with the REA.

Motion made by Commissioner Blanchard and second by Commissioner Mellor.

                                                Vote: 5-0 in favor


Motion: to approve the 20 year lease agreement for 7.64 acres as well as the access easement of 9,031 square feet.

Motion made by Commissioner Mellor and seconded by Commissioner Sweeney.

                                                Vote: 5-0 in favor 


Sustainable procurement policy

Mayor Briggs stated the town has applied to be a Maryland Certified Sustainable Community in which the Town of Emmitsburg  needs to have a green team which has been done and a certain amount of points need to be earned. The Town is very close to becoming a certified sustainable community in the state of Maryland.  With the procurement, the town will look to do business with “green companies”. Mr. Haller interjected that the town practices much of this already even though it not necessarily part of the code. He totally supports the item and suggested moving forward and putting it in the town code.


Motion:- To accept the sustainable procurement policy as presented.  

Motion made by Commissioner Ritz and second by Commissioner Sweeney.     

                                                Vote: 5-0 in favor


Subsequent funding for WWTP

Mr. Haller referred the Board to page 97 of the packet where in April 2014 staff reported to the Board that MDE reduced its funding for the WWTP and that staff spoke with USDA about possible replacing some of that funding.  At that time the terms were $1,000,000 in grant and $1,001,000 in a loan for 2.5% for forty years. The Board directed staff to move forward. Staff now has a commitment for the exact terms given back in April 2014 and is presenting it to the Board tonight for any questions so it can be brought back with the final bank documents at the next meeting for approval and signature. This will be a bridge loan by PNC bank until the WWTP is finished. When the plant is finished USDA will sell bonds and take PNC out of it.


Set Agenda Items for November 3, 2014 Town Meeting

1.  Presentation on Cluster Development Ordinance - review

2.  Code of Conduct Ordinance

3.  Final signing of USDA loan documents

4.  Signing of the Solar Ordinance

5.  Seton Village Public Meeting - requirement of CDBG grant money


III.      Public Comments - none  




V.        Adjournment

With no further business, the October 20, 2014 Town Meeting was adjourned at 9:04 p.m.