MINUTES
TOWN MEETING
Emmitsburg Town Office
December 6, 2004
Present: Mayor
James Hoover; Commissioners Art Elder; Joyce
Rosensteel and William O'Neil, President. Also present
were Donna DesPres, Michael Lucas and Dave Haller,
Town Manager.
Absent: Dianne Walbrecker, with prior notice
Call to Order,
Pledge of Allegiance, Announcements
Commissioner William
O'Neil, President of the Board of Commissioners,
called the December 6, 2004 Town Meeting to order at
8:00 p.m. He announced the upcoming streets committee
meeting set for December 21, 2004. Also in
commemoration of the attack on Pearl Harbor
anniversary, Mr. O'Neil stated that Emmitsburg has a
very special citizen, James Adlesberger who is the
town's last surviving citizen and veteran of Pearl
Harbor. He would like to pay special tribute to Mr.
Adlesberger for his service to our country and
recognize all veterans for their selfless sacrifice on
that day. MOTION: To denote December 7, 2004 as
"James Adlesberger Day" and issue
proclamation for same. The motion made by Commissioner
O'Neil was seconded by Commissioner Elder. Vote: 3-0
in favor
Approval of
Minutes
The Minutes of
the November 15, 2004 Town Meeting were before the
Council for approval. President O'Neil added
clarification to the study requested regarding the
mountain rental properties that it should read an
engineering report. The Minutes were approved as
corrected by unanimous vote.
Commissioner
Comments
Commissioner Elder
inquired if, since only 2 members would be in
attendance for the January town meeting, the meeting
should be called off. Mayor Hoover explained that the
Code states that the Board of Commissioners must meet
Mayor and 2 members will constitute a quorum. It was
added to plan to keep the agenda light. Commissioner
O'Neil announced his concerns about the current ethics
committee investigation. He stated concerns about
officers' and staff's rights-- that interviews should
be open, felt that matters could lead to legal action
and made reference that it has been agreed previously
by the Board of Commissioners that such staff or
electorates who may be interviewed have the right to
legal representation provided by the Town. The Mayor,
in answer to Mr. O'Neil's inquiry, stated that he is
not involved and concurred with him regarding
representation. Mr. Brennan, chairman of the Ethics
Commission, was present and proffered information: His
commission is in consultation with the town attorney
that procedures are legal and added that the town
ordinance is vague, they're to look at complaints. The
Commission acts publicly until interviews per legal
counsel. They will be kept private to consider
complaint, whereupon the commission will determine if
the complaint(s) are valid and report their finding.
It has no authority to pass judgment. It provides a
forum to which citizens, staff, etc can make a
complaint. Mr. O'Neil expressed his issue with the
negativity that results from such interviews and
commented that it becomes a "witch hunt". He
also said that he is hoping that this official organ
of the Emmitsburg government will not be used to
malign people's reputations. Mr. Brennan reiterated
that everyone will be called and spoken with. In
serving on the un-American activities committee, Mr.
O'Neil stated that he recalls the same thing happening
with Federal Government.
Mayor's Comments
Announced the
formation of a media contact, Pat Feeser, to field
media inquiries. In results of a previous closed
meeting regarding personnel/legal consultation issues,
the Mayor informed that the issue regarding missing
money was resolved. The Board agreed to handle it as a
personnel matter with restitution from a former
employee. He also announced that the legal opinion
with Pembrook Woods concerning parking enforcement,
street matters, plowing is that parking regulations
should not be enforced and that the developer will
continue do the snow- plowing. He has received a
letter from representative Joe Bartlett to schedule
attendance at a town meeting–hoping for the next
meeting on December 20. Mr. O'Neil added re press
relations that the Board will be available after this
town meeting to field their questions.
Reports
Town Manager: reported on the public works department monthly
activities to include a water production and
consumption analysis, discussed the problem with the
slow paint cure related to the water storage tank
rehab, and announced that demolition of the old water
plant has begun. He also brought to the Board's
attention that a few properties are landlocked. One
property in particular is scheduled to be sold and the
owner has requested access. He advised that
uncontrolled use of those roads and access could lead
to a legal acceptance of right-of-way. Mr. O'Neil
stated that this should not be allowed and the Mayor
added that no deed access is ever allowed. Mr. Elder
answered to Mr. O'Neil's poll to "Carry on as we
have been." MOTION: To not take action in
granting an easement of right of way to landlocked
properties. The motion made by Commissioner Elder was
seconded by Commissioner Rosensteel. Vote: 3-0 in
favor
Planner: enumerated November planning department activity to
include preparation of text amendments and meeting
with MDHCD for a block grant application. He also
reported the parking violation statistics and that 14
building permits were issued to include 3 new homes.
He would like to present 3 text amendments for
January: signage requirement for home occupation,
allowance of home occupations in residential zones and
home occupation in village zone. These will be
advertised for the January town meeting. Treasurer's
Report - Commissioner Art Elder. See attached report,
Exhibit A. Police Report - Deputies Moxley and Venzin.
42 water checks, 41 traffic citations. Detailed
October report at Exhibit B. Committee Reports - Chris
Staiger reported that the Planning and Zoning
Commission met November 29 and considered Southgate
correction plat, text amendments recommendations, and
free standing signs. Because of the holiday the next
meeting is changed to December 28. Commissioner Joyce
Rosensteel reported that the Parks Committee met
November 16 to discuss summer shows and lighting at
pavilion to be requested in the next budget. There was
no Board of Appeals meeting needed.
Agenda Items
Community Guide
Presentation and Funding Request
Mr. Haller presented
the request for the town to cover copying costs of
$200.90 for the Community Guide. Mayor Hoover added
that the individuals are preparing a welcome package
that includes this publication originally produced by
the Council of Churches and the town previously paid
copying costs for updates.
Motion: To fund the printing costs of $200.90
for the Welcome to Emmitsburg publication. The motion
made by Commissioner Rosensteel was seconded by
Commissioner Elder . Vote: 3-0 in favor
Silver Fancy Farm
Package Sewer Plant Opposition Resolution
The Town Planner
explained that the staff issues with the proposed
package sewer treatment plant concerns property which
was citizen-opposed (via referendum) for annexation.
The Town concern is to protect the "growth
boundary" which it feels is contrary to
Maryland's "smart growth" planning goals and
to guard against any future default responsibility for
a possible failed private system. "Infrastructure
planning should drive development rather than
development driving infrastructure." The
development would impact the town gravely without any
received benefit. The Mayor added that the Town is now
experiencing what was feared from the failed
annexation. He concurred that the town should protect
its interests. In answer to Board inquiry, Mr. Lucas
responded that he does not know if the County
mitigates failure statistics in their consideration of
the independent system. PUBLIC COMMENT: Chris Staiger,
1230 Brookfield Drive; Betsy Forrence, 17247 Annandale
Road; Harold Craig, 103 West Main; Ted Brennan, 313
East Main Street; and Sabrina Paxton-Daily, 12 Zanella
Drive spoke in opposition of a package sewer treatment
plant and support the resolution.
Motion: To support Resolution 2004-10R opposing
Frederick County's approval of a package sewage
treatment plant. The motion made by Commissioner Elder
was seconded by Commissioner O'Neil. Vote: 3-0
in favor
Charter Review
Commission
Mr. O'Neil further
explained that this concept is to set up a body to
review and present at the annual election such
matters, maybe politically sensitive, to be settled by
the populace. Due to the text not being available,
this agenda item will be put on agenda for the next
meeting.
Executive
Discretionary Fund
This was discussed as
a fund for public relation-type issues such as the
prior purchase of holiday decorations, banners, etc.
without the necessity for Board approval for each
expenditure. Commissioner O'Neil stated that his
concern is that not to obviate legislative procurement
but to get a handle on what can be considered and a
mechanism in place is needed to allow this (example
was Christmas bows). The plan is to have a certain
amount set aside in the next budget. Mr. Haller
suggested $2000 for the first year and go from
there.
Motion: To approve the creation of an executive
discretionary fund in the amount of $2000. The motion
made by Commissioner O'Neil was seconded by
Commissioner Elder. Vote: 3-0 in favor
Election Rules
Revisions to Chapter
2.28 of Title 2 entitled Elections have been a
work-in-progress for several meetings. Motion: To
remove the poll watchers subsection from the ordinance
draft for separate consideration. The motion made by
Commissioner O'Neil was seconded by Commissioner
Elder. Vote: 3-0 in favor
Public Comment
Chris Staiger, 1230
Brookfield Drive reiterated his opposition to a recall
provision-- important to stand by the election results
Ted Brennan, East Main Street - glad for this
legislation, pointed out his disagreement with the
recall language, "Nothing but disasters... always
political tools." He suggested that, if approved,
to help guard abuse: having a majority is too low a
threshold, require that recallees must have last
results plus one, prevents willy-nilly approach to
recalls. Poll watchers are not necessary in this case,
normally poll watchers are assigned to national
elections by the political parties. Poll watchers need
to be educated and must receive training. He added
that poll watchers are intimidating to voters. Sister
Eleanor, Provincial House expressed her second to Mr.
Brennan's comments about poll watchers and mentioned
that the proposed ordinance draft still has no
provision for a provisional ballot.
The draft Ordinance
04-17 amending Chapter 2.28 entitled Elections was
reviewed for corrections, additions and/or deletions.
Each following change to this draft was singularly
motioned and voted unanimously:
- Add section in
2.28.080 to provide a procedure for tie votes to
include a run-off election conducted in the same
manner as other elections, within 14 days, and that
if the tie vote includes an Incumbent, that person
will automatically retain that office.
- Section 2.28.040
replace the word "vacancy" with "office"
- Section 2.28.060
add "of the polling place" after "At no time...no
more than 100 feet." • Section 2.28.060B first part
regarding expense reporting, add provision of
ineligibility/removal from ballot as penalty for
noncompliance
- Section 2.28.060B
second part regarding addenda expense reporting, add
fine of $500 for noncompliance
- Section 2.28.060B
regarding the "form to be determined by the mayor
and council": - replace with "campaign expense
reporting form" After voting it was mentioned to put
this form review on the January 4 agenda
- Section 2.28.060B
in the sentence "Such reporting...no less than 30
days prior to the special election"-- delete "to"
replace with "of" and delete "special"
- Discussion ensued
regarding offering a provisional ballot: Motion: add
section 2.28.010F to provide a provisional ballot
for those residents claiming to be registered and
desiring to vote to be issued a provisional ballot
and that vote shall be counted pending verification
from board of elections of their registration
status, absent the verification, the vote will not
be counted
- Section 2.28.070
revise this section to correct that the town clerk
will date stamp the outside of the sealed envelope
containing the ballot (not the absentee ballot
itself)
- To remove the
proposed Section 2.28.090 providing a provision for
recall elections • Section 2.28.110C - remove this
subsection C Typos were corrected and accepted
without objection. Note that above section numbers
are from the draft ordinance and may change upon
codification of the accepted ordinance form.
Commissioner O'Neil
proposed an amendment to Chapter 2.28 Elections to
provide for poll watchers. In response to Commissioners
Elder's inquiry, it was stated that a candidate does
not have to provide a poll watcher if he does not want
one. Commissioner Rosensteel and Mayor Hoover stated
their opposition to poll watchers in Emmitsburg's
nonpartisan elections.
Motion: To adopt the poll
watcher amendment as written. The motion by
Commissioner O'Neil was seconded by Commissioner
Elder. Vote: 2-1 in favor Commissioner Rosensteel
opposed
Motion:
To adopt the amended draft, with poll watcher
amendment, as final Ordinance 04-17 amending Title 2,
Administration and Personnel, Chapter 2.28, Elections.
The motion by Commissioner O'Neil was seconded by
Commissioner Elder. Vote: 3-0 in favor
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