MINUTES
TOWN MEETING
APRIL 15, 2013
Emmitsburg Town Office
Present: Commissioners
Clifford Sweeney, Christopher Staiger, Patrick
Joy, James Hoover and Tim O’Donnell, President.
Staff present were Vickie Felix;
Sue Cipperly, Town Planner and Dave Haller, Town
Manager.
Absent:
Mayor Briggs and Chris Staiger
with prior notice. Commissioner Sweeney
arrived at 7:34
_________________________________________________________________________
I.
Call to Order
Commissioner Tim O’Donnell,
President of the Board of Commissioners, called
the April 15, 2013 Town Meeting to order at 7:30
p.m. Pledge of Allegiance was recited.
Announcement of a Closed Session
A closed Executive Session was
held at the Emmitsburg Town Office on April 1,
2013 at 8:38 p.m. for the discussion of
litigation issues as permitted by the
Annotated Code of Maryland, State Government
Article: Section10-508 (a) Closed Meetings, Item
8 pending or potential litigation. The
motion to hold this closed meeting was made by
Commissioner Joy and seconded by Commissioner
Sweeney at the preceding Town Meeting on April
1, 2013. The vote was 3-0 in favor of the
motion, Commissioners Staiger and Hoover
absent. The Board was informed of the status of
James vs. Town of Emmitsburg and the recommended
legal advice from LGIT attorneys. The matter is
still pending an April 17, 2013 hearing.
Approval
of Minutes
The Minutes of the April 1, 2103
Town Meeting were approved as presented.
Commissioner Comments
Commissioner(s) cited attendances
to include the Little League opening ceremonies
and Passport to Wealth at the Seton Center.
Trail day was successful. Upcoming events will
be another Community/Heritage meeting on April
23 and a Community Gardens event on the 27.
Mayor’s Comments – none
Administrative Business
-
Commissioner Joy requested a
contact name in regards to the crosswalks.
-
Request for a map of proposed
trails related to the easement
-
Commissioner O’Donnell would
like to visit the wastewater treatment plant
on April 18 at 2 p.m.
Consent Agenda - none
Reports:
Town Manager Report
- reported on the public works department
monthly activities to include a water production
and consumption analysis. Mr. Haller
highlighted that there were no untreated spills;
however town did exceed plant’s design capacity
for treatment on three days in the month of
March. Town went from a surplus to a slight
deficit in precipitation over the last six
months. The wells remain stabilized for the
last six months about 5 feet under the maximum
but stable. Commissioner O’Donnell asked on
behalf of parks and recreation about raised
garden beds and Mr. Haller informed him that all
the material is ready for them and will be on
site by Friday the 26th. Town
Planner Report - Ms. Cipperly highlighted
that staff is still working on the follow-up for
the square project; they met with state highway
staff on their analysis of the project. Staff
has been working on a Maryland Smart Energy
Communities program application. If the
application gets accepted, town could get up to
$20,000 toward energy efficient items. She
completed the final application submittal
materials for MHAA grant. She also attended the
Planning Director’s roundtable meeting in
Crownsville; the topic was complete streets.
Detailed report at Exhibit A.
Police Report
- Deputy Eyler reported on March 2013 police
report. Detailed report at Exhibit B.
II. Agenda Items
Pool management bids
Mr. Haller stated that four
companies were contacted and an ad was run in
the newspaper. Staff received two bids;
however, on March 12, 2103, American Pools
withdrew their proposal/bid for 2013 pool
season. Staff supports the remaining bid from
Serenity Pool Management, LLC for $44,853.
Commissioner O’Donnell would like to request
that the employees wear some form of uniform.
Motion:
to accept Serenity Pool Management, LLC bid for
$44,853 for the 2013 pool season on the
condition that they agree to wear uniforms while
on duty at all times.
Motion made by Commissioner
Hoover, second by Commissioner Joy.
Vote: 4-0 in
favor
Poultry ordinance revision
This proposed amendment to
Title 6 – Animals is for discussion only
until after the April 29, 2013 Planning
Commission meeting. Changes to Section
17.080.170 – Prohibited Uses, were referred
to the Planning Commission by the Town Board,
and will be considered at the April 29 meeting.
Ms. Cipperly commented at the last meeting the
Board discussed that they wanted this ordinance
to be in the animal section instead of zoning,
therefore, she went through the ordinance and
added necessary language. Ms. Cipperly
enumerated these changes. Ms. Cipperly stated
that her approach was to make it fair to the
neighbors as well as the people who want the
chickens. Commissioner Hoover recommends this
item be tabled and he would like to work with
Town Planner to “clean up” Title 6. No
opposition; unanimous consent.
Proposed Section 8 Charter
change for elected officials – discussion
Commissioner Joy presented to the
Board his proposal. He reported that it
basically states that if a commissioner is out
of office for any reason, the vacancy will be
filled at the next general election. His
proposed Section 8 - Vacancies doesn’t
mention the Mayor replacement because the
ordinance already states if the Mayor leaves or
can’t function, the president becomes the
Mayor. Discussion took place as the Board
reviewed and presented recommended changes to
the proposal. It was suggested that the
language be changed to read “the person shall
serve for the remainder of the term of the
vacating commissioner”. Commissioner Joy
will draft a text amendment and contact Town
Clerk to make sure they meet advertising
requirements and bring back to the Board.
Budget and CIP ordinances –
discussion
Commissioner Joy stated his
proposed draft is two separated areas; 3.01
Budget-Generally and 3.02 Capital
Improvement Projects. He went over his
proposal with the Board commenting that he is
trying to standardize what is done into a
process and making it an ordinance to make sure
it is enforced. Commissioner Hoover stated that
some of this might be covered in the purchasing
ordinance. On 3.01 item D, it was
suggested that the treasurer give a status
report of the Town budget at least quarterly
instead of the Town Clerk. On 3.01 item B,
there is the need to look at changing the
percentage amount; 5% is not much in a municipal
budget and maybe put a cap on total budget
amount. Considering chapter 3.02,
Commissioner Joy commented that most ordinances
define what a CIP project is. Commissioner
Hoover expressed his disagreement with what was
said that a capital project is something that
spans over multiple years, he stated it could be
a very little amount of money or a very quick
project. Commissioner Joy will submit the
proposals electronically to town staff to bring
back at future date.
Set Agenda Items for May 6, 2013
Town Meeting
-
Public hearing to set revised
water rates Ordinance 13.07
-
Mayor’s presentation of 2014
budget
-
Set tax rate for 2014 –
discussion
III. Public Comments
– Adam Levorette, 404 West Main Street -
commented on the poultry ordinance revisions and
suggested some changes.
IV. SIGN APPROVED TEXT
AMENDMENTS AND/OR RESOLUTIONS - none
V. Adjournment