October 19, 2015
Present: Mayor Donald Briggs;
Commissioners Clifford Sweeney, Joseph Ritz III, Jennifer
Mellor, Glenn Blanchard and Tim O’Donnell, President.
present were Cathy Willets, Town Clerk; and Dave Haller,
Call to Order
Tim O’Donnell, President of the Board of Commissioners,
called the October 19, 2015 Town Meeting to order at 7:30
p.m. Pledge of Allegiance was recited.
Announcement of a Closed SessionPresident O’Donnell announced the need for a
closed executive session following adjournment of this
meeting as permitted by the Annotated Code of Maryland,
State Government Article: Section 10-508 (a) Closed
Meetings, Item 14 to discuss a contract and less than
complete bid proposal for repair of doughboy. See attached
by Commissioner O’Donnell, second by Commissioner Mellor,
carried 5-0 in favor.
Approval of MinutesThe Minutes of the October 19, 2015 Town Meeting
were approved as presented/corrected.
Motion by Commissioner Ritz and Second by
Commissioner Mellor. Passed
Commissioner Comments Commissioner(s) cited attendances, recognitions
and announcements. Commissioner
Blanchard encouraged people to utilize the yard waste
recycling when they clear their gardens.
Food donations have been very helpful.
The boy scouts food drive will be starting soon.
This is the largest food drop the food bank gets
during the winter months.
He also encouraged people to be cautious with the
time change and students will be walking, sometimes, in the
dark. Paul Slotwinsiki is the Eagle Scout candidate for the
blazing of the trails. The
project is underway – contribution of 39 volunteer hours.
Mayor's Comments – SHA square meeting went very well.
SHA will be looking to advertise in the fall of 2016
for the work on the project.
He attended the multi-purpose trail kick-off meeting
in Baltimore where the Town will be partnering with the
County and the Mount. There
is expected to be 80% federal funding.
He also attended a SHA meeting on the signage.
Attended the Green Team meeting – it was announced
that Emmitsburg won the Sustainable Maryland Certified
Award. We are
the second after Frederick City to receive this in the
sidewalk – through Town past jubilee to hook around to
safely walk. Get
all sidewalks on North and South Seton – the bridge,
square, sidewalks, on the way to get $30 million worth of
projects down during our Administration.
Staff attended a panel hearing at FCC – the Town
will be going for Rural Community Award.
Administrative Business – nothing addressed during meeting.
Consent Agenda – none.
Town Manager Report – Mr. Haller reported on the public works department monthly
activities to include a water production and consumption
advised that Rainbow Lake is at the spillway level.
There is a precipitation surplus of 10.7 inches over
the last six month. He
highlighted there were no spills of untreated sewerage in
the month of September.
The plant did exceed capacity on two days 09/29
1,503,000 GPD and 09/30 854,000 GPD.
Mr. Haller advised that it was officially time to
close the community garden plots.
Detailed report at Exhibit A.
Town Planner Report – Mr.
Haller reported on the town planner’s report for the month
of September. He
advised Ms. Cipperly finalized Comp Plan drafts as well as
prepared and submitted quarterly reports for the Community
Legacy Program FY2014 and FY2015.
- Deputy Whitehouse presented the police report for the
month of September. He
stated that the disorderly and disturbance complaints have
gone up especially in the area of the Emmit House.
He said they are working with MSM on the college
Whitehouse mentioned there was an ongoing investigation into
the burglary at Subway.
He urged people to have patience because he has
observed numerous violations on Lincoln Ave. especially
afterschool when students are walking. Majority
of the violations are speed and stop sign violations.
People have been utilizing the do not enter /one way
street by the bank. The
prescription drug box is still available.
If anyone observes suspicious activity, please
please lock all vehicles and garages.
Detailed report at Exhibit B.
II. Agenda Items
related to Doughboy repairs for discussion and potential
O’Donnell announced there will be no consideration or vote
on this item as Town Staff has only received one incomplete
single bid. Commissioner
O’Donnell went through a brief timeline:
the accident occurred, the State presented
requirements to Staff to have the statue reviewed by a
conservator, a report came to the Town with recommendations
for repairs, the recommendations went out for bid, and a bid
has come back but it is incomplete.
Commissioner O’Donnell also mentioned this has been
presented more than a few times at Town meetings.
He addressed the main concern about the length of
stressed that most of this has been out of the Town’s
hands while staff had to rely on outside individuals.
Mr. Haller advised the timeline presented by
Commissioner O’Donnell was very accurate.
He advised it is very hard to find people to bid.
Staff will follow-up with collecting a portion of the
money from people involved in the accident.
Mr. Haller advised with the Board’s direction we
will get it repairs. There
is a closed session immediately following this meeting to
discuss the incomplete bid as well as funding authorization
of the repairs. All
final decisions will be taken in an open meeting.
Commissioner O’Donnell recognized several people in
attendance that signed up to speak on this matter.
Public Comment was allowed at this time:
Williams, 2040 Bullfrog Road, Fairfield PA, VFW
Williams, Commander VFW, told the Board he was disturbed
to hear the plaque was going to be changed. He said the
veterans are against the plaque being changed.
It is part of history (1927) and “don’t mess
with history.” He
also mentioned the he and the veterans do not want the
statue moved. Mr.
Williams also said “it is not true Emmitsburg is
racist if don’t fix the plaque.”
Hoke, 10319 Harney Road Emmitsburg.
He told the Board he was born and raised in
is no one left living who donated the money for the
is part of history. He does not want to see the plaque
replaced or the statue moved.
Williams, 2040 Bullfrog Road, Fairfield PA, President
Lady Auxiliary VFW as well as veteran army reserves.
She supports the veterans and the veterans on the
plaque including the colored soldiers who were
persecuted but still fought for the US.
She said the way the plaque was made was
justified and you can’t change history.
It is time to lead and educate.
She told the Board she felt the statue laying
down was disrespectful to our veterans.
She encouraged the Board to make a stand; it is
not racism, and leave history in the books.
Boyle, 339 East Main St Emmitsburg. He told the Board he
was born and raised in Emmitsburg.
He said he heard someone say it was racism if the
plaque is not changed.
He said there is no racism in this town.
He feels that if the plaque is changed it is not
paid for by the Town but those who want it changed.
He encouraged the Board to put the monument back
the way it was.
Commissioner Ritz read an email from Michael Hillman,
President, Emmitsburg area of the Maryland Historical Trust
Society is opposed to any change to the plaque and/or
statue. It is
the position that the list of names remain unchanged.
Mr. Haller stated the only reason the monument
wasn’t moved was the State wouldn’t let us move it
unless we had a qualified mover or it might cause more
damage and the Town may lose chance for any funding.
He told everyone the statue has been moved, secured
and covered. Commissioner
O’Donnell announced the statue will not be moved and will
be put back in its original place after the repairs are
Final consideration of Snow Emergency Plan for the Town of
Emmitsburg – Proposed “No Parking” during snow
emergency plan is all cul-de-sacs listed
noted that this is the second presentation and modification
which was brought by Commissioner Mellor and voted
unanimously by the Board at the October 5, 2015 meeting was
reasonable to Town Staff.
The modifications include keeping open the West Side
of Silo Hill and the area between 2 University Drive and 19
Robindale Dr. They
will be noted with signs.
Mr. Haller advised the ordinance was being
resubmitted for consideration.
Commissioner O’Donnell asked if there will be year
Mr. Haller advised yes.
Mayor Briggs said it is the intention to have staff
notify everyone affected in these cul-de-sacs.
Motion: - to accept
Ordinance 15-06 entitled Vehicles and Traffic
Motion by Commissioner Sweeney and second by Commissioner
Vote: 5-0 in favor
Discussion and consideration of noise and nuisance ordinance
said that he has been personally involved with the
development of this ordinance for six years.
This time of year the Town has seen an increase in
activity and we have had meeting with the Mount and police.
The main concern is the security and safety of all.
Mr. Haller deferred to Mayor Briggs who advised the
Town needs some enforcement against noise and nuisance
advised we looked at something last year which was a little
ordinance will help identify some of the problem people and
go after noise violations.
One of the concerns is the students on West Main
Street who party, walk back and forth across the street.
This becomes a safety issue and the students can be
in real danger. Mayor
Briggs said he was been working with the Mount and Barry
Titler, Director of Security.
This ordinance has been read and reviewed by the Town
Attorney and the Town’s main concern is safety.
Mayor Briggs said he and staff receive numerous
complaints from other citizens who live around these houses.
He sent a draft of this ordinance to a couple of
people in town who own property.
He wants something with noise to compliment what is
happening with the Mount – right now they have an honor
violation at the Mount.
He hopes this ordinance will give back to the
landlord there is an economic benefit if you run a nice
property and if not you will be fined.
Commissioner O’Donnell asked for clarification on
notification process. Mr.
Haller advised the Board the notification will be in
Haller said this can be included in the ordinance.
Commissioners gave unanimous consent to add “in
writing” as the means of notification.
time, Commissioner O’Donnell opened the floor to public
T.J. Burns, 321 Mountaineers Way Emmitsburg.
Mr. Burns said he is a graduate of MSM.
He and many athletes agree with the safety concern.
He feels the ordinance is poorly written and
questioned several things in the ordinance.
He inquired as to what is the justification for the
call? A neighbor
is mad. What is
the definition of a violation?
What constitutes documentation?
A police report?
Is there going to be any clarification to the
validity of what is going on?
Who reviews? The
Mayor and/or Commissioners?
He has reached out to Congressman and lawyers who all
feel it is poorly written because there is no clarification.
He stressed the need for families/people to buy the
houses and rent to good kids and teach them respect.
He feels the way it is written is no one will want to
buy a house to rent.
Susan Glass, 239 N. Seton, owner Ott House.
She told the Board she felt the ordinance was poorly
defined and written to interpretation.
She owns the building and rents to herself.
She told the Board she couldn’t live this way and
asked what do you consider a problem?
How do you define nuisance?
It is not easy to be a landlord and can be very
difficult to get them out?
She told the Board she understands what they are
trying to do. If
you define this with MSM students in mind, you could be
opening yourself up to a discrimination suit.
She is worried because by the nature of the Ott House
she will receive more than three complaints in a year. She
asked that businesses be exempt from this ordinance.
advised that this ordinance was never intended to include
Haller said the threshold would be the police are called and
write a report. MSM
University and students were never written into the
also stated that the target is the property itself not an
individual - residential only.
Commissioner O’Donnell questioned if this ordinance
was based off anything, MML boiler plate, or has it been
Mellor said she would like to continue to build a
relationship with the Mount.
Mr. Haller and Mayor Briggs both stated that they
recommend bringing back for more discussion and
clarification in the areas of reporting, residential and
Haller said all comments were great and will try to re-word.
There was unanimous consent from the Board to table
Agenda Items for October 19, 2015 Town Meeting
Plan modification for consideration
– November is Maryland Municipal League works month
Wendy Walsh, 2009 Pembrook Ct. Emmitsburg.
informed the Board that she and her husband had read the
Comp Plan draft they were provided at the last town meeting.
She questioned the information about Irishtown Road.
Mr. Haller advised it has been approved but not
completed as of yet. She
asked about the Town’s initiative on trash and recycling
since they weren’t mentioned in the Plan.
Ms. Walsh was hoping to see more recycling.
Mr. Haller advised her recycling was provided by the
County and the Town has no control over that; however we do
provide recycling at the WWTP two Saturdays a month.
SIGN APPROVED TEXT AMENDMENTS AND/OR RESOLUTIONS