February 1, 2016
Emmitsburg Town Office
Present: Mayor Donald Briggs;
Commissioners Clifford Sweeney, Joseph Ritz III,
Jennifer Mellor, Glenn Blanchard and Tim
present were Cathy Willets, Town Clerk; and Dave
Haller, Town Manager.
Tim O’Donnell, President of the Board of
Commissioners, called the February 1, 2016 Town
Meeting to order at 7:30 p.m. Pledge of Allegiance
Announcement of a Closed Session
President O’Donnell announced the need for a
closed executive session following adjournment of
the March 7, 2016 meeting as permitted by the Annotated
Code of Maryland, State Government Article: Section
10-508 (a) Closed Meetings to discuss a
Approval of Minutes
The Minutes of the January 20, 2016 Town Meeting
were approved as presented.
Motion by Commissioner Sweeney Second by Commissioner Mellor
Vote 5 to 0 passed
Commissioner(s) cited attendances, recognitions
Commissioner Ritz III, Sweeney, O'Donnell,
and Blanchard thanked Mr. Click and his crew for all
his efforts for the snow removal.
Commissioner Ritz III noted that the
contractor responsible for North Gate did not do as
nice a job as Town staff and he received numerous
Sweeney thanked Mr. Click for housing town staff
during the snow storm.
Commissioner Blanchard and Mayor Briggs
attended the Ambulance Company banquet. Commissioner
Blanchard thanked Councilman Donald for fighting to
keep the snow removal budget at $1.8 million.
Commissioner O'Donnell noted in his travels during
the storm many volunteers helping out their
Mayor Briggs noted that
the Town was way ahead of the storm and staff did a
terrific job during the snow storm.
He attended the 2016 Mount Athletic Hall of
Fame luncheon. The
South Seton Ave. sidewalk project is scheduled for
March/April 2016. Three
separate programs going on in Town: bridge, square,
There will be a website presentation at the
March meeting. Staff
is hoping to have texting/email alerts to anyone who
signs up. There
will be a future presentation of GIS for total town.
The Doughboy should be back in place no later
There is an upcoming Solid Waste Forum to
address that the landfill will be full by 2023.
County Executive Gardner put a task force
together which Mayor Briggs serves on.
Staff is working on getting RFP for salvation
of timber at the Scott Road Farm.
E. Lincoln sidewalk - right of way agreement
Seton to Chesapeake as well extend all the way to
Creamery Rd. Staff
is waiting on MOU from State.
There will be a pool contract at the March
2016 meeting for your approval.
Mr. Muir will be meeting with County and MSM
about trail. The
Mayor has a dog park presentation at the upcoming
Parks and Rec meeting on February 16.
The square project/sidewalk will now include
140 from Timbermill to North Ave.
The sidewalk scheduled to be bid out
September 2016 with construction to begin early
hearing will be forthcoming in March.
Bridge construction will begin in fall 2016
and is an 18 month project, however cannot work
during trout season.
FEMA - new water line turned on.
Administrative Business - Commissioner O'Donnell approached by the
They are interested in applying for a trail
grant in 2017. They
are a non-profit to assist in continuing the trail
program on Town's behalf.
Consensus from board.
Consent Agenda - Consideration of Wendy Walsh to the Citizen's
Motion to appoint Ms. Walsh to CAC made by
Second by Commissioner Blanchard
Vote 5 to 0 passed
Treasurer’s Report – Commissioner Blanchard reported on cash activity through January 27,
Report - Commissioner Sweeney reported that there was a re-organization of the
Boyle, Chairman; Keith Suerdieck, Vice Chairman; and
John Howard, Secretary.
On the agenda, there were two ordinances
regarding set-backs and four ordinances regarding
change from OS zone to Institutional.
The ordinances are on the agenda.
II. Agenda Items
Audit report related to Town finances
Mills reported on the financial statement audit as
well as the single audit for FY 2015.
The Town received an unmodified opinion on
the financial statement audit.
Mrs. Mills stated this is "good."
She noted financial highlights.
The statement of net position - total assets
just over $42 million and 86% business type
activities (water & sewer).
The total liabilities just over $8.9 million
The total net position was @ $33 million
which was a 12% increase from 2014.
The Town has several funds which it tracks
total fund balance at the end of FY 2015 was over
$1.1 million. The
change in net position of governmental activities is
single audit - no material weakness in internal
controls over financial reporting were identified.
Commissioner O'Donnell asked if staff was
forthcoming during the process and Mrs. Mills stated
yes and there were no issues.
Commissioner Ritz III said he needed more
time to review the audit report and requested
emailing Mr. Tabler or Mrs. Mills.
She advised she could return if necessary.
Presentation related to possibility of additional plaque at
comment received by Fred
Wood (22 Pleasant Acre Dr. Thurmont)
representing American Legion Post 121 of Emmitsburg.
The American Legion has concerns about the
new plaque that has been talked about for the
There has been worry about lack of
communication between the Town and the Veterans
Briggs came to their last meeting where he explained
some of the bureaucratic things the Town has to go
O'Donnell advised that the plaque is simply being
considered but nothing decided.
The statue is almost 90 years old and is a
historic part of Emmitsburg. They are hoping for
better communication in regards to the need for a
second plaque or a better explanation of the current
plaque which was put on in 1927.
The society was different in 1927.
It was a segregated society but yet these
soldiers still felt this country was worth fighting
for and that is what the plaque proves.
The plaque shows that there were people of
color who fought for our Country which shows their
courage and character.
He stated that the American Legion and
VFW would like to be a part of anything moving
O’Donnell noted that this is only a discussion
Board will take comments from both Mr. Wood as well
as Mr. Lingg.
also received from Gene Lingg (37
Park Drive Emmitsburg) – a lifelong resident
of Emmitsburg. He
is representing the VFW Post 6658.
He said they were under the impression that
it has already been decided that the statue and
plaque would be replaced in its original state.
Why do we need a second plaque?
The cultural and history should remain as
they are. He
said the current plaque shows a badge of courage -
men of color that fought in WWI.
He read in a paper that the Board was
thinking of second plaque.
The feel there is no need for a second
O'Donnell asked which paper he read about the second
plaque - Mr. Ling stated he could not remember which
paper he read it in the Emmitsburg, Thurmont or
Frederick News Post.
Commissioner O'Donnell clarified it was
openly discussed and that no decision was ever made.
There have been multiple views on the Board
Blanchard state he is a veteran of the armed forces,
15 year member of the American Legion and grandson
of WWI veteran.
He has a very strong connection to the
2017, it is the 100th anniversary of
America’s entry into WWI.
Commissioner Blanchard presented an act by
Congress in 2013 establishing a commission to
commemorate the centennial of WWI.
He stated one item of mention was the effort
to bring attention to the thousands of memorials in
communities all over the county that honor Americans
who served in the war. Commissioner
Blanchard suggested a second plaque dedicating the
statue in 2016 and simply stating in a positive
manner that the separation of the names by race in
no way diminishes their service, bravery or
dedication to the USA. He
suggested that maybe additional signage could be
placed at either the Doughboy site or the Community
Center explaining what Doughboy statue is, what the
meaning is, what is the history, etc.
A copy of Commissioner Blanchard’s
presentation is entered as part of the agenda packet
for the February 1, 2016 meeting.
Commissioner Sweeney heard from both the
American Legion and AMVETs and they did not want a
second plaque at the Doughboy site.
Commissioner Sweeney said he had no problem
with additional information/signage at Community
Mellor suggested putting information or panels at
the kiosk at the square Commissioner Ritz III
thanked everyone's comments suggested a public
hearing in future.
Commissioner Blanchard hoped all posts would
get involved with laying a wreath once the Doughboy
statue is put back up.
Commissioner O'Donnell thanked Commissioner
Blanchard for his effort and his viable thought on
this issue. An
interpretive sign as suggested by Commissioner
Blanchard - public hearing.
Public Hearing for ordinances related to 16-01 & 16-02 and
16-03 through 16-06 related to modifying Open Space
O'Donnell announced moving to public hearing for
ordinances related to 16-01 & 16-02 and 16-03
through 16-06. Ms.
Cipperly stated that ordinances 16-01 and 16-02 were
amended as a result of a citizen request related to
ordinances were sent to the planning commission for
Cipperly highlighted a few recommendations for
planning commission added that the accessory
structures can only be placed in rear yard not
stated must have at least three feet from the side
lot lines only when the lots are 30 feet or less.
Commissioner Ritz III asked about the letter
from Ms. Orndorff.
Does this address her concerns about placing
a shed in rear lot?
Ms. Cipperly advised, “Yes.”
He also asked if Mr. French would now be in
compliance with these new changes.
Ms. Cipperly explained some of his buildings
were over his property line.
Ms. Cipperly reviewed the recommendations for
Cipperly advised 16-02 is the same as 16-01 but
addresses the village zone while 16-01 addressed the
B1 residential zone.
by Commissioner Blanchard to accept Ordinances 16-01
and 16-02 as written
by Commissioner Sweeney
5 to 0 passed
reviewed ordinances 16-03 through 16-06 which
address modifying Open Space to Institutional.
The change was already made in the 2015 Comp
planning commission reviewed these ordinances as
well and recommended no changes to 16-03; 16-04
remove recreation areas and parks; 16-05 delete
institutional from within definition and remove
recreation areas and parks; and 16-06 insert
educational, delete institutional and add schools.
Commissioner Mellor asked on Ord. 16-06 17.28.020
letter B if parks, playgrounds, golf courses, etc
should be included.
Consensus of the Board and Ms. Cipperly
agreed that everything in letter B should be removed
To accept ordinance 16-03
Motion by Commissioner Sweeney second by Commissioner Blanchard
Vote: 5 to 0 passed
To accept ordinance 16-04
Motion by Commissioner Ritz III second by Commissioner Blanchard
Vote: 5 to 0 passed
To accept ordinance 16-05
Motion by Commissioner Blanchard second by Commissioner Mellor
Vote: 5 to 0 passed
To accept ordinance 16-06 as amended
Motion by Commissioner Blanchard second by Commissioner Ritz III
Vote: 5 to 0 passed
Public discussion of Pembrook Woods maintenance report
O'Donnell stated requested Kendall Moore, 4030
Carrick Ct., president HOA, brought some maintenance
issues to the Town hydrants, lighting, streets, etc.
Mr. Moore stated that it has been 10-15 years
since roads were put in.
They have deteriorated.
Mayor Briggs invited Mr. Muir to speak on the
items that have been addressed.
There are maintenance issues throughout Town
that need to be addressed as well.
Jim Click maintains a list of all maintenance
that is needed.
There is work currently being done in North
Town will add three children at play signs at
Stonehurst, Carrick and Pembrook Courts.
All the street lights in Emmitsburg are 40
watt LED except downtown which are 30 watt.
There is no plan to upgrade the wattage.
The Town would require a permit to update the
community entrance signage and an additional sign
would be paid for by the HOA.
At this time, the Town will not allow
additional signage to be attached to their street
Muir advised this is part of the code.
Commissioner Mellor asked if service groups
could paint the fire hydrants.
Commissioner Ritz III also asked about
Brookfield's hydrants and Mr. Click said they are on
the list as well.
Mr. Click said that is not a problem.
Set Agenda Items for March 7, 2016 Town Meeting
- Potential Citizen Advisory Committee recommendations related to
SIGN APPROVED TEXT AMENDMENTS AND/OR