MINUTES
TOWN MEETING
September 19, 2011
Emmitsburg Town Office
Present:
Mayor James Hoover; Commissioners Clifford Sweeney,
Glenn Blanchard, Patrick Joy, Tim O’Donnell and
Christopher Staiger, President
Staff present were Donna Despres,
Town Clerk and Sue Cipperly, Town Planner
_________________________________________________________________________
I.
Call to Order
Commissioner Christopher Staiger,
President of the Board of Commissioners, called the
September 19, 2011 Town Meeting to order at 7:30
p.m. Pledge of Allegiance was recited.
Approval
of Minutes
The Minutes of the September 6, 2011
Town Meeting were approved as amended.
Commissioner Comments
Commissioners Blanchard, O’Donnell
and Joy cited attendances, recognitions and
announcements. Commissioner Sweeney cited the
number of businesses that have opened within the
past several months in town.
Mayor’s Comments
In rebuttal to Commissioner
O’Donnell’s comments, Mayor Hoover stated that when
he hears negative comments concerning the town
office he will visit the businesses and usually gets
the complete opposite comments. He encouraged
commissioners to direct business owners’ complaints
to the Mayor and he will be glad to talk with them.
Mayor Hoover will not be able to attend the MDOT
tour but will communicate with them on his concerns
and desires related to the route 140 bridge.
Administrative Business
Weeds and Grass – state highway
issue, should be taken care of this week.
Land at Rainbow Lake – number of
posts have been pushed over by four wheelers.
MDOT meeting – suggested the town
push the issue of sidewalks not only in Silo Hill
but on Main Street, higher probability that perhaps
grant money could be available. No opposition to
consider a resolution in interest of sidewalks along
Main Street
Hunting Season is starting up around
town land near the trail, check with Town office
before starting any trail work.
County Municipality Meeting – email
the county and verify the position of the tax setoff
discussion. What the town has is legislated by the
State. Mayor Hoover briefly discussed the TMDL –
change to stormwater management. Feds are mandating
the state to come up with a plan to control the
pollutants that are being runoff.
VFW – They would like a letter
confirming the installation of the flagpole at the
Doughboy and they would like to hold a dedication
ceremony on November 12, 2011. Commissioner Joy
drafted a letter that was approved.
Solar Farm – email correspondence
with CLP which is handling the hiring for the solar
farm being constructed on Mt. Saint Mary’s
property. Commissioner Staiger is trying to put
something together to give local residents an
opportunity to participate in this project.
Information will be put on the website and channel
99 with a link to a Craigslist job ad for those
interested.
Consent Agenda - none
Reports:
Town Manager Report
- public works department monthly activities to
include a water production and consumption
analysis. Detailed report at Exhibit A.
Police Report
- Deputy McQuain reported on July and August 2011
police report. He introduced Cpl. Gary Cline.
Detailed report at Exhibit B.
II. Agenda Items
Review of Comprehensive Plan
Objectives
This item was tabled to the second
meeting in October. Unanimous consent.
Discussion of Chapter 8.12.040:
Removal of Grass and Weeds
Commissioner Staiger read aloud
Section 8.12.040 removal of grass and weeds.
Public Comment:
Zenas Sykes, 580 Timber Court, - Expressed
that this section of the ordinance is not
enforceable in the boundaries of Brookfield and
petitioned the Board to act accordingly.
Mitchell Gregor, 1340 Wheatley Drive – requested
a text amendment to the existing ordinance to ban
this type of spraying in a residential
neighborhood, also asked that enforcement
discretion be applied. Shawn Calhoun, 1330
Wheatley Drive – suggested a waiver of the
ordinance in Brookfield. Rick Olesek, 1405
Ramblewood Drive- favored keeping grass cut,
believed there could be a happy medium. Jeff
Little, 410 Timbermill Run – In favor of the
guidelines of the ordinance.
Commissioner Staiger commented that
when things are enforced selectively, the Board is
open to allocations of favoritism. Richard
Demitt, Brookfield property owner – felt that
lots that are not built on should be held at a
different level than one with homes built on them.
Open space will be maintained. Mayor Hoover stated
the ordinance has been more enforced this year due
to the number of complaints. Commissioner O’Donnell
in favor of the suggestion for a possible waiver
procedure. Staff will clarify some definitions
i.e., developed, improved, to refine the
discussion of the “impermanent situation”. The
first draft of the improved section will be reviewed
at the mid-November meeting.
Ordinances 11-18, 11-21 and 11-20:
Chapters 17.32.070, 17.32.110 and 17.40.050: R1 and
R2 zone setback requirements Discussion
This matter considers R1 and R2
zoning properties to provide a reconfiguration
revision of setback to those of the village zone to
allow for the construction of a garage or canopy on
a narrow lot. Public Comment: Cindy Ott,
114 DePaul Street - asking Board to amend the
ordinance in R1 to allow for a 6 foot setback on one
side for small older properties. Robert
Rosensteel, 110 DePaul Street - commented that
the ordinance in consideration should take care of
the Ott’s request and that they not have to go
through another Board of Appeals.
Commissioner Staiger stated that the
goal was to try and make sure that some of the
smaller properties that were encumbered by the
six-foot setbacks on both sides get some relief.
Mayor Hoover stated that the Board of Appeals
requirement probably could be done away with in this
text amendment, also go back and look at the village
zone and do both of them the same. Focus on the
narrow 30-foot wide or less lots and be a
secondary-use structure. Ms. Cipperly suggested
keeping the uses as garage or canopy at this time.
All were in agreement of “by right” use just for
detached garages or canopies for lots 30 feet or
less in the residential districts with the
requirement to maintain the six-foot side setback on
at least one side, except for any other requirements
pertaining to easements, etc. The revised version
of the ordinances will be presented to the Planning
Commission then return to the Board.
Consider Resolution 2011-03R
authorizing the refinance of 140 S Seton Avenue
Bank required resolution for
refinancing 140 S. Seton Avenue property. This item
was not brought to consideration as no bidding
information (rates and banks contacted) were
provided.
Consider Ordinance 11-22 – Code of
Ethics
The State Legislation passed
legislation that the municipalities update their
Ethics Ordinance. The Board extensively reviewed
the code as prepared by the town attorney. Some
verbiage was changed and other items questioned.
This item will return at the first meeting in
October with attendance and advice of the town
attorney.
MOTIONS:
The following motions were approved
by the Board unanimously. On page 28 item A: strike
appointed by the Mayor and change to
nominated by the Mayor or Commissioners and
appointed by the Board of Commissioners. Page
29 item C: strike The and replace with A.
On page 32 Item E number 2: change former
member to elected official. Page 36 Item
A number 1: add at the end of sentence as well as
the Town Clerk and the Town Manager. Page 44
Item A number 2: fill in the blank with $100
and also on page 45 item D number 2.
Ordinance 11-19 – Village Zone sign
ordinance
The multi-story location criteria was
eliminated, section B paragraph 3, as not all second
stories are uniform and it would be difficult for
some businesses to install a sign under the current
ordinance.
Motion: - To
except Ordinance 11-19, Village Zone sign ordinance,
as submitted.
Motion by Commissioner
O’Donnell, second by Commissioner Sweeney
Vote: 5-0 in favor
III. Public Comments
Zenas Sykes, 580 Timbermill Court,
-expressed his views and questions on several
community matters.
IV. Set
Agenda Items for October 3, 2011 Town Meeting
-
Oath of office of the Elected
Officials
-
Reorganization of the Board of
Commissioners
-
Consideration of Ethics Ordinance
-
Consider Resolution 2011-03R:
Resolution authorizing the refinance of 140 S.
Seton Avenue
-
Items related to wastewater
treatment plant upgrade
-
Park violation
V. SIGN APPROVED TEXT
AMENDMENTS AND/OR RESOLUTIONS
VI Adjournment
With no further business, the
September 19, 2011 Town Meeting was adjourned at
11:10 p.m.
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