MINUTES

TOWN MEETING

October 3, 2011

Emmitsburg Town Office

Present:  Mayor Don Briggs; Former Mayor Jim Hoover; Commissioners Clifford Sweeney, Glenn Blanchard, Patrick Joy, Tim O’Donnell and Christopher Staiger, President

Staff present were Vickie Felix; John Clapp, Town Attorney; Sue Cipperly, Town Planner; and Dave Haller, Town Manager

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I.       Call to Order

Commissioner Christopher Staiger, President of the Board of Commissioners, called the October 3, 2011Town Meeting to order at 7:30 p.m.  Pledge of Allegiance was recited.

 Approval of Minutes

The Minutes of the September 19, 2011 Town Meeting were approved as presented.

Commissioner Comments

The Commissioners thanked Mayor Hoover for his many years of service and congratulated Donald N. Briggs as the newly elected Mayor.  Commissioner Blanchard cited his recent attendances.  Commissioner O’Donnell cited his attendances including CYA meetings regarding basketball and soccer activities in Emmitsburg. 

Mayor’s Comments

Mayor Hoover congratulated Mr. Briggs on the mayoral election and Commissioner Chris Staiger on his reelection.  He commented on his years of service and how much he enjoyed them.  He expressed his passion for the Town of Emmitsburg and is planning on staying active in the community.  He listed several of the projects that are going on to include the expansion of the Fallen Fire Fighters projects, the sewer plant construction in the next 3 years which is in design now, and the transit service to northern Frederick county.

Administrative Business

• Halloween parade is set for its normal route at 7pm on October 31, 2011

• Northgate Access – a conclusion for emergency uses only was to use a private driveway.   This was worked out between the fire company and property owner

• The Omni Corporation at FEMA will start layoffs December 17, 2011 and will continue through March.  All those positions will be advertised as federal position, so those individuals will have an opportunity to apply.  Armed Forces individuals will get first priority.

• Commissioner Joy reported that the letter for the flagpole was incorrect and needed to be redrafted.  The new letter was emailed to staff to print out on letterhead

•  Email from the Pembrook HOA – concerns related to speeding on Brookfield Drive and some county stormwater management that is affecting some areas of the community

• Email from Wayne Powell regarding the opening ceremonies for the National Fire Heritage Center

• Mayor Briggs would like to recognize October as breast cancer awareness month.  No objection from Board

• Recognize National Fallen Firefighters Week – October 10 through October 16, 2011.  No objection from Board

• Mayor Briggs would like to send letter to the BOCC stating that Emmitsburg supports and requests tax equity, not tax differential

• Mayor Briggs would like approval to let volunteers to use conference room.   No opposition

• Need to begin to inform the citizens of upcoming increases in water and sewer rates and why the increases are needed and required

Treasurer’s Report – Commissioner Blanchard reported on September 2011 cash activity.  Detailed report exhibit A. 

Committee Reports – Commissioner O’Donnell reported that the Planning Commission did meet and had a special meeting to discuss ordinances regarding setback requirements.  All items were approved and sent back to the Board of Commissioners.   

II.       Agenda Items

Swearing in of the Elected Officials from the September 27, 2011 town election State Delegate Kathryn L. Afzali administered the oath of office of elected officials Donald N.  Briggs, Town Mayor and Chris Staiger, Town Commissioner. 

On behalf of the Board of Commissioner and Mayor Briggs, former Mayor Hoover was presented a proclamation for his years of service to the town. 

At this time Mayor Briggs announced some of the new committees that will be forming; the police committee, economic development committee and the neighborhood action committee.

Reorganization of Board of Commissioners

Mayor Briggs made these recommendations for the 2011/2012 Board of Commissioners reorganization:  Chris Staiger to remain president, Clifford Sweeney to remain vice president, treasurer and parks liaison will be Glenn Blanchard, planning commission liaison will be Patrick Joy, and citizens advisory committee liaison will be Tim O’Donnell. No objection, unanimous consent.

Julianna Albowicz, Special Assistant to Senator Mikulski was present and read a letter from Senator Mikulski congratulating Mayor Don Briggs on his success in the recent election. 

Ordinance 11-22: Ethics Ordinance

Attorney Clapp was present and presented that the ordinance of the town was satisfactory up until last year.  Last year there was a change with regard to two areas; conflicts of interest and financial disclosure.  In these two areas, the provisions need to be equivalent to the state’s provisions.  These requirements pertain to only elected officials.  He stated that all the council needs to change in order to satisfy the state law are the provisions with regard to conflict of interest and financial disclosure for elected officials and candidates for elected officials.  The Board worked their way through the changes of the ethics ordinance by page with the help and recommendations of the town attorney.  Attorney Clapp will get the ordinance done in final form and have it back for approval to submit to state.

Resolution 2011-03R:  Authorizing the refinance of 140 South Seton Avenue 

Mr. Haller stated that 140 South Seton Avenue, being a commercial property, only had a five-year loan.  Among the several different banks quoted, staff recommended Woodsboro Bank.  They gave a longer term, a good rate of 4% and are the cheapest to settle with.  As far as the process to deal with Woodsboro Bank, they require a resolution stating that the Mayor has authority to sign all the documents. 

Motion: - To accept Resolution 2011-03R: Resolution authorizing the refinance of 140 South Seton Avenue  

         Motion by Commissioner Sweeney, second by Commissioner O’Donnell

                                     Vote: 5-0 in favor

Items related to wastewater treatment plant upgrade

Mr. Haller commented that the town is replacing the existing wastewater treatment plant due to mandates by MDE and EPA to lower emissions at that plant.  It is at 90% design approval at this point and will probably be able to be bid the first of the year.  In preparation for the general contractor coming in, lagoon one needs to be emptied and cleaned out.  MDE will not reimburse town for those services.  Some things that need to be done before contractor comes in, is replacement of a pump and some new piping.  Staff needs approval for funding for these services.  Mr. Haller stated that town will get reimbursed for the pipe and pump work from MDE, they just do not fund sludge removal. 

Motion:  - To accept the bid for $93,585 for sludge removal from Enviro-Organic Technologies.  To accept the bid for $7,777 from W. F. Delauter & Son, Inc. for the pipe laying project.  No objection, unanimous consent 

Ordinance 11-17: Rules and regulations for parks and recreation facilities

Mr. Haller gave a brief background; recurring problems with young adults in town parks doing vandalism.  Staff has been working with the deputies to try and suppress that.  Some trees have been cut in memorial park and lighting has been put in pavilions.  The deputies recommended doing a no trespass type of arrangement.  Staff has worked with Mr. Clapp and he drafted the ordinance. 

         Motion: - To accept Ordinance 11-17- Rules and regulations for parks and recreation      facilities

         Motion by Commissioner O’Donnell, second by Commissioner Blanchard 

                                     Vote 5-0 in favor. 

III.     Public Comments: Isabelle Falcone – 61 Second Avenue, she was representing the Senior Center in Emmitsburg.  With the cutbacks that the commissioners are doing in Frederick, the center could possibly be closed as early as October 12th.  She is requesting that the Board of Commissioners notify the Commissioners in Frederick how important it is to keep the Emmitsburg Senior Center open. 

IV.      Set Agenda Items for October 18, 2011 Town Meeting

1. Review Comprehensive Plan objectives

2. Consideration of Ordnance 11-18, Ordinance 11-20, and Ordinance 11-21 related to residential zone setback requirements. 

3. Review of proposed architectural guidelines

4. Discussion on addressing  no smoking in town parks

5. Resolution on sidewalk infrastructure to SHA

6. Consider resolution to maintain tax equity over tax differential

V.        SIGN APPROVED TEXT AMENDMENTS AND/OR RESOLUTIONS

VI.      Adjournment

With no further business, the October 3, 2011 Town Meeting was adjourned at 9:35p.m.