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







November 3, 2014

Emmitsburg Town Office



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

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

_________________________________________________________________________I.      Call to Order

Commissioner Tim O’Donnell, President of the Board of Commissioners, called the November 3, 2014 Town Meeting to order at 7:30 p.m. Pledge of Allegiance was recited.


Approval of Minutes

The Minutes of the November 3, 2014 Town Meeting were approved as presented.


Commissioner O’Donnell welcomed David Dunn liaison for the Frederick County Board of Commissioners. 


Commissioner Comments

Commissioner Ritz:

·         Dinner with Dr. Powell; discussed walking path from Mount Saint Mary’s and the Town.

Commissioner Mellor:

·         Walking paths in the parks – thanked town staff looks fantastic

·         Issue in Silo Hill – thanked town staff for attentiveness to issue. Mr. Haller stated extra signage will be put in place

Commissioner Sweeney:

·         Halloween event – thanked everyone involved for helping

·         Thanked everyone for sympathy cards in regards to his mother’s passing

·         Positive feedback on finishing walking paths

·         Thanked staff for repairs on North Seton Ave.

Commissioner Blanchard:

·         Thanked everyone who participated in Halloween event; would like to see town keep up with activities for the youth

·         Attended “Back from the Dead” at the Seton Shrine

·         General Dollar

Commissioner O’Donnell:

·         Main street – changes made very evident

·         Positive feedback on Halloween event

·         Bridge on 140 will have sidewalks on both sides

·         Trail day event – 8 volunteers

·         Received positive feedback in relations to trails from new Director of Bike Maryland


Mayor’s Comments

·         Halloween event was spectacular; had fun giving out awards

·         Condolences to Commissioner Sweeney for his mothers passing

·         Turkey Trot  on Thanksgiving Day – donations go to Seton Center

·         Presentation to the 4th graders at the elementary school

·         Christmas Tree lighting on December 1, 2014

·         ADA compliance for playgrounds

·         Walking path from Mount Saint Mary’s to Town

·         Dollar General update – property has been transferred

·         Ebola – asked Frederick County Health Department if there is anything town should be doing

·         Commitment from Frederick County Health Department to offer more services here in Emmitsburg

·         Received award from State; Emmitsburg is considered a Smart Energy Community


 Administrative Business - none


Consent Agenda - none



Treasurer’s Report – Commissioner Blanchard reported on September 2014 cash activities. Detailed report at Exhibit A.


Planning Commission Report - Commissioner Sweeney reported that the planning commission met on October 27, 2014 . They approved the Annual Report for the reporting year 2013 unanimously. This report was included in packet and the Board made a motion to except as presented. Detailed report at Exhibit B.


Motion - to accept the Planning Board Annual Report to the state as presented. 

Motion made by Commissioner Sweeney and second by Commissioner Mellor.

                                      Vote 5-0 in favor


II.        Agenda Items


Presentation on Cluster Development Ordinance

Ms. Cipperly stated she has done several power point presentations earlier this year in regards to this. She gave the Board a copy of the handout from the presentation in May just to remind them what clustering is about. Basically instead of having the conventional subdivision with lots over the entire property they are consolidated to take up less space which allows for more open space. The next step is to put all this down on paper. Ms. Cipperly referred to a number of different municipalities ordinance’s, she was trying to make the Towns broad enough to reach the potential range of situations i.e. annexations, and to remedy issues that were identified in the past. This needs to go to the planning commission because there is a change in the zoning ordinance. If the Board chooses they can send it to their November 24, 2014 meeting and then come back to the Board with their responses in December.  Mr. Haller stated that the Planning Commission just gives suggestions. The final crafting is from the Board. This will need to be advertised in the paper before it is formerly adopted. It will also be sent to the town attorney.


Motion: to send the Cluster Development Ordinance to the Planning Commission for their review and suggestions.

Motion made by Commissioner Blanchard and second by Commissioner Sweeney.

Vote 5-0 in favor


Code of Conduct Policy

Mr. Haller stated that this has been before the board several months ago. A number of towns and municipalities have adopted it. In reading the document you will see that it does not give anyone greater capacity to mandate anyone to behave then is already in the code.  It is more of a recommendation, becoming more of a popular item where it sets guidelines for behavior not only for elected officials but staff as well. Commissioner Ritz approves 100%.   Commissioner O’Donnell briefly read what was in the code. Mr. Haller injected that the enforcement is probably the issue they should look at because the policy does not affect that, so they still have the same powers of enforcement. Commissioner Blanchard does not want to see things get to be “hang cuffing”; he still would like to see members be able to speak freely. Mr. Haller stated consistent theme throughout the Code of Conduct is respect.   Commissioner O’Donnell as president of the Board was concerned about some of the language in the policy; puts limiters in place.  Mayor Briggs encourages policy for the protection of others.  Mayor Briggs recommends Board to review policy and email staff with suggested changes to be brought back to the Board. 


Motion: - To table Code of Conduct Policy until November 17, 2014 Town meeting.

Motion made by Commissioner Blanchard second by Commissioner Ritz.  

                                      Vote: 5-0 in favor


Signing of Ordinances Related to Subsequent Funding WWTP

Mr. Haller stated there are two ordinances, they are both related to the same subject; additional or modified funding for the WWTP. This project has been going on for over seven years. During the process town was told there was no way town would get more than 60% in grant funding, town actually ended of getting 72%. After the project was started and about 50% complete MDE decided to take part of the funding back. Staff then went to USDA and actually made a very good arrangement with them. Town needed about $2,000,000.00 that had been taken away from the funding by MDE. USDA gave town basically half of that in a grant and arranged to give the remainder in a loan at a rate of 2.5% for 40 years. These two documents are both related to the borrowing. Ordinance 2014-11 is a bond anticipation note. This states that USDA will take Town out of bridge loan. Ordinance 2014-12 is a General Obligation Bond. This basically states that the Town guarantees it will pay the funds back.


Motion: - To approve Ordinance 2014-11 Town of Emmitsburg General Obligation Bond Anticipation Notes.

Motion made by Commissioner Sweeney second by Commissioner Blanchard.

Vote 5-0 in favor

Motion: - To approve Ordinance 2014-12 Town of Emmitsburg General Obligation Bond.

Motion made by Commissioner Sweeney second by Commissioner Ritz.    

                                                Vote: 5-0 in favor


Review of USDA loan documents

Mr. Haller passed out loan documents for the Board to review which relates to the bond issuance. These have already been through the process of the town staff; the bond attorney; the town attorney and USDA. He would like them to review and call staff with any questions. This will be brought back at the next town meeting to be voted on.


At this time for the record Commissioner Blanchard left the dais for a moment.


Signing of Solar Ordinance

Mr. Haller reported this is a document for Boards review and signature if they so choose. It is the ordinance that sanctifies and guarantees the lease which Town signed. There is no state law requirement for this but the town attorney stated there are situations of case law where a judge said if you do a lease or any agreement over twenty years an ordinance should be done along with it. This was done on phase I of the solar project as well.


Motion: - To accept Ordinance 2014-13 an ordinance to approve, confirm and ratify the lease of property owned by the Town of Emmitsburg.

          Motion made by Commissioner Sweeney second by Commissioner Ritz.

                                       Vote: 4-1 in favor

                                                Commissioner Blanchard abstained, was out of room.


Seton Village Public Meeting – requirements of CDBG grant money

Mr. Haller stated that Daughters of Charity has been developing Seton Village which is a housing project for aged and income restricted. The Town was a host for the CBDG grant that they applied for. One of the requirements for fulfilling the obligations for the grant money was to have a public meeting. Mr. Nicolas Beard, Development Coordinator for Homes for America gave a presentation updating on the Seton Village Project. The construction began in January of 2014 it will provide 43 one and two bedroom apartments for seniors. It will use the A wing of the Provincial House. Construction is 98% complete and they received the use and occupancy permit. Project has been delivered on time and with the original budget set forth by the contractors. At this time they are working on inspecting each unit. Over the past 18 months they have gathered a list of over 200 interested parties. Mr. Beard thanked the commissioner’s and staff for all their help through this 5 year process.


Set Agenda Items for November 17, 2014 Town Meeting

1.     Human Resource presentation – salary assessment

2.    USDA loan agreement and certification

3.    Ordinance 2014-09 vehicles and traffic related to maintenance

4.    Ordinance 2014-10 Health and Safety related to property appearance

5.    Holiday season - Meter holiday

6.     Code of Conduct


III.      Public Comments - none




V.        Adjournment

          With no further business, the November 3, 2014 Town Meeting was adjourned at 8:47