TOWN OF EMMITSBURG
300A South Seton Avenue Emmitsburg, Maryland 21727
301-600-6300 fax 301-600-6313
TOWN MEETING AGENDA
MAY 20, 2013
I. CALL MEETING TO ORDER (7:30PM)
A. PLEDGE OF ALLEGIANCE TO THE FLAG
B. NEXT MEETINGS:
Citizens Advisory Committee Meeting, May 21 @ 7:00 pm
Parks Committee Meeting, May 21 @ 7:30 pm
Town Council Meeting, June 3 @ 7:30 pm
Planning Commission Meeting, June 29 @ 7:30 pm
C. APPROVE MINUTES FROM May 6, 2013 TOWN MEETING
D. TOWN MANAGER’S REPORT
E. TOWN PLANNER’S REPORT
F. COMMISSIONER COMMENTS
G. MAYOR’S COMMENTS
H. PUBLIC COMMENTS
I. ADMINISTRATIVE BUSINESS (see attached)
J. CONSENT AGENDA (see attached)
K. POLICE REPORT
For additional information about agenda items contact the Town office
Mayor Donald N. Briggs Town Manager David Haller Town Clerk Donna DesPres
Board of Commissioners Timothy O’Donnell, President James E. Hoover, Vice President Clifford L. Sweeney, Treasurer Patrick Joy Christopher Staiger
Town Meeting
May 20, 2013 AGENDA
Page 2 of 36
For more information go to www.emmitsburgmd.gov
I. AGENDA ITEMS:
1. Set 2014 constant yield tax rate
2. Fiscal Year 2014 budget
II. SET AGENDA ITEMS FOR June 3, 2013 TOWN MEETING
III.SIGN APPROVED TEXT AMENDMENTS AND/OR RESOLUTIONS
Town Meeting
May 20, 2013 AGENDA
Page 3 of 36
For more information go to www.emmitsburgmd.gov
ITEM C
APPROVE MINUTES FROM May 6, 2013 TOWN MEETING
Town Meeting
May 20, 2013 AGENDA
Page 4 of 36
For more information go to www.emmitsburgmd.gov
MINUTES
TOWN MEETING May 6, 2013
Emmitsburg Town Office
Present: Mayor Donald Briggs; Commissioners Clifford Sweeney, Christopher
Staiger, Patrick Joy, James Hoover and Tim O’Donnell, President.
Staff present were Vickie Felix; Donna Despres, Town Clerk and Dave Haller, Town
Manager.
___________________________________________________________________
______
I. Call to Order
Commissioner Tim O’Donnell, President of the Board of Commissioners, called the
May 6, 2013 Town Meeting to order at 7:30 p.m. Pledge of Allegiance was recited.
Approval of Minutes
The Minutes of the April 15, 2013 Town Meeting were approved as presented.
Commissioner Comments
Commissioner(s) cited announcements to include upcoming meeting at Catoctin High
School discussing drug problems in area; Community Gardens were upgraded
through the efforts of volunteers and town staff and ready to be used; successful
trail work day; spoke with president of the Emmitsburg Baseball and Softball league
regarding display at Route 15 rest stop; Commissioner O’Donnell toured WWTP
receiving insight to operation; Mid Atlantic Off-road Enthusiasts have lined up a
donor for $30,000 for the Emmitsburg Trail efforts which matches existing grant.
Upcoming events include Friends of the Emmitsburg Library hosting a plant swap and
a plant sale by Vigilant Hose.
Mayor’s Comments
Mayor Briggs cited attendances to include Passport for Wealth at the Seton Center;
the Lions Club luncheon dinner and yard sale; the Mount Athletic Advisory
Committee meeting. The Mount’s College of Liberal Arts will be having new
programs for adults to get involved in. There will be a new committee starting the
Grotto Visitor Center will open. Mayor Briggs also remembered Vernon Keilholtz who
grew up here in Emmitsburg.
Administrative Business
Public Works Mutual Aid Agreement – tabled until next meeting
Visibility difficulties at the Timbermill intersection meeting Route 140 –
waiting to hear from SHA. Mr. Haller will send email to Commissioner
Staiger.
Drug problems in town; request to have something included in the monthly
police report
Thanks to town staff for speed bump placed on Huntley Circle and raised
garden beds
Possible placement of speed bumps at Memorial Park – working on situation
Speeding on Huntley Circle – need to get address of the house where this is
taking place
Town Meeting
May 20, 2013 AGENDA
Page 5 of 36
For more information go to www.emmitsburgmd.gov
Pylons at Rainbow Lake that hold wire to keep people off grass needs fixed –
already on repair list
Mayor reported that there were two construction meetings for new WWTP
Handout was given on Code of Conduct for City of Brunswick; would like to
see something like this done for Emmitsburg
Consent Agenda - none
Reports:
Treasurer’s Report - Commissioner Sweeney reported on April 2013 cash activity.
Detailed report at Exhibit A.
Planning Commission Report – Commissioner Joy reported that the Planning
Commission met on April 29, 2013. Agenda items were to change section 17.08.170
Prohibited Uses - change chickens to roosters, which was done and will come back to
Board for final approval. The other item was the annual report which was reviewed
and approved.
II. Agenda Items
Public hearing to set revised water rates - Ordinance 13.07
Mr. Haller stated that this is the completion of the activity that the Board spent a
couple meetings on coming to the rates listed in the ordinance which needs to be
finalized. The rates will become effective July 1, 2013 once approved.
Motion: to approve Ordinance 13.07 Water Rates to set revised water rates
as presented.
Motion made by Commissioner Joy, second by Commissioner Hoover.
Vote: 5-0 in favor
Mayor’s presentation of 2014 budget
Mayor Briggs addressed the residents of Emmitsburg and highlighted projects and
enhancements that were accomplished since he came into office before presenting
the 2014 annual budget. He stated his priorities for 2014 are a continuation of the
goals that he came into office with; economics and activity programs. The Board of
Commissioners received a copy of the budget to review for the next meeting. The
Town Clerk, Donna Despres was available for any questions. Mayor Briggs proposed
a 2% COLA for employees. The budget is balanced at basically the same amount as
last year. The tax base has decreased 23.6% over the last four years. The 2014
budget will be 1.6 million and the water and sewer enterprise fund will be 1.3 million.
Set tax rate for 2014 – discussion
Mr. Haller reported that town can provide the same services as last year without an
increase in the tax rate. Staff’s recommendation is for the tax rate to remain at .36
cents per hundred dollars of assessed value. The 2014 budget has been prepared
on this rate. If rate is not raised there is no advertisement requirement, but it does
need to be into the county by the end of May.
Set Agenda Items for May 20, 2013 Town Meeting
1. Set 2014 constant yield tax rate
2. Fiscal Year 2014 budget
Town Meeting
May 20, 2013 AGENDA
Page 6 of 36
For more information go to www.emmitsburgmd.gov
3. Planning Commission annual report – Consent Agenda
4. Public Works Mutual Aid Agreement – Administrative Business
III. Public Comments – Dennis Ott, Thurmont Community Ambulance Company
– requesting to use the trails for ATV rescue trainings.
Motion - to allow the Thurmont Community Ambulance Company to have a
training exercise on town land at Rainbow Lake on the trails in order to
practice onsite rescue.
Motion by Commissioner Hoover, second by Commissioner Sweeney.
Vote 5-0 in favor.
David Smith, President of Persona Custom Homes - approached the board in regards
to tap fees with possible interest in building in the town. Commissioner Hoover
recommended scheduling a future workshop to discuss. Commissioner Staiger
stated that since 2008, fees have gone down 30% and that surcharges have been
removed. Lori Shirk, 50 Depaul Street, Apt. A2 – made a suggestion to Board for
some kind of youth center to be started; could possibly help with drug problem in
town. She was directed that a good place to start for networking and connections
would be the Daughters of Charity.
IV. SIGN APPROVED TEXT AMENDMENTS AND/OR RESOLUTIONS
V. Adjournment
With no further business, the May 6, 2013 Town Meeting was adjourned at
9:19 p.m. Respectfully submitted,
Vickie L. Felix
Recording Secretary
Date Approved:
Town Meeting
May 20, 2013 AGENDA
Page 7 of 36
For more information go to www.emmitsburgmd.gov
ITEM D
TOWN MANAGER REPORT
Town Meeting
May 20, 2013 AGENDA
Page 8 of 36
For more information go to www.emmitsburgmd.gov
Town Manager's Report
APRIL 2013
Prepared by David Haller
Streets:
1. Staff completed monthly street light maintenance
2. A new speed bump was installed on Huntley Circle
3. Staff repaired and replaced a number of street signs
4. Staff cleaned and “weed killed” East and West Main Street
Water:
1. Rainbow Lake is at the spillway level.
2. The roughing filters are being backwashed twice per day and the DE filters
are being done once per week.
3. Our wells are down an average of 3.3 feet from May, 2011 levels
4. Water production and consumption. We produced and purchased an average
of 304,012 GPD. We consumed an average of 275,172 GPD.
The difference is "Backwash” Water ... (9.5%).
**We purchased 351,700 gallons of water from MSM this month.
o 41.3% of this water came from wells.
o 3.9% of this water came from Mt. St. Mary's. o 54.8% of this water came from Rainbow Lake.
Wastewater:
1. The overland flow treatment system is up and running for the season
2. We received about 2.1” of precipitation this month (the average is 3.8”).
**We have a precipitation SURPLUS of 0.0." Over the last six months the
average precipitation for the period from November 1 thru April 30 is
21.5". We have received 21.5" for that period.
3. Wastewater Treatment:
o We treated an average of 375,000 GPD (consumed 275,172 GPD)
which means that 26.6% of the wastewater treated this month was
"wild water".
o We had no spills of untreated sewerage in April
o We did not exceed the plant’s design capacity on any days in the
month of April
Town Meeting
May 20, 2013 AGENDA
Page 9 of 36
For more information go to www.emmitsburgmd.gov
Trash: Trash pickup will remain Mondays for the remainder of the month of May,
with the exception of May 27 (Memorial Day) and pick-up will be Tuesday, May 28.
Parks:
1. The Splash Park is under construction and seems to be going well and should
be completed soon.
2. Staff has performed standard monthly maintenance in all parks
3. Staff installed new mulch around the playground equipment in the parks and
has been working on the ball fields in both parks.
I Recently Attended the Following Meetings:
04/01 I met with the Mayor to discuss agenda items
04/02 WWTP project conference call progress meeting
04/03 Met with the State of Maryland to discuss infrastructure financing
04/05 Met with PNC Bank to discuss our existing financing
04/16 WWTP project conference call progress meeting
04/17 Attended James case settlement discussions
04/23 Attended WWTP project progress meeting
04/24 Staff budget meeting
04/24 Met with representatives of a property owner to discuss possible
development
Town Meeting
May 20, 2013 AGENDA
Page 10 of 36
For more information go to www.emmitsburgmd.gov
PARKING ENFORCEMENT REPORT
Date: April 2013
Overtime Parking: 73
Restricted Parking Zone: 1
Parked in Crosswalk:
Parked on Sidewalk:
Parked Blocking Road:
Parked by Fire Hydrant:
Parked on Highway:
Failure to Park between Lines:
Other Violation:
Left Side Parking:
Meter Money: $1,189.17
Parking Permits: $115.00
Meter Bag Rental:
Parking Ticket Money: $430.00
Funerals: 1
Total: $1,734.17
Town Meeting
May 20, 2013 AGENDA
Page 11 of 36
For more information go to www.emmitsburgmd.gov
Zoning/Code Enforcement Report April 2013
1. Submitted MD Energy Administration grant application.
2. Made signage guide for B and IP zones.
3. Pulled together property maintenance sections of the Town Ordinance for use and
review of Commissioner Staiger and the Citizens Advisory Committee.
4. Updated Fiscal Year 2013 Permit Log.
5. Met with Nell Matthews - Emmitsburg Veterinary Hospital - about fencing and the
Board of Appeals process.
6. Wrote the Request for Proposal for mapping of the town Storm Water systems.
Created bidder list and responded to requests.
7. Met with new owner of the remaining Southgate lots and provided available
information.
8. Met with Richard Demitt on his Brookfield Irishtown Road lots to ensure trash
clean-up.
9. Set up Board of Appeals meeting for Veterinary Clinic.
10. Review Daughters of Charity plans for pool and medical office locations.
11. Responded to a variety of permit and information requests.
12. Wrote six letters regarding Ordinance violations, mainly for trash.
Zoning permits and/or zoning letters issued during April 2013
Date Address Type Fee
4/2/2013 11 Seton Place Roof Replacement 49.00
4/1/2013 2911 Pembrook Fence 48.00
4/4/2013 1316 Huntley Circle Fence 38.00
4/4/2013 1460 Ramblewood Fence 38.00
4/10/2013 Town Square Temp. Signage NC
4/15/2013 2 West Main Temp Signage NC
4/16/2013 220 W Main Int. Reno, Shed, Fence 53.00
4/17/2013 1446 Ramblewood Fence 37.00
4/24/2013 333 S Seton Ave Fence 41.00
4/26/2013 400 W Main St Fence Renewal
4/26/2013 216 Depaul St Fence 35.00
Other Permits
2 W Main St Street closing for roof repair
10 North Ave Street closing and street cut for gas service
16 First Avenue Street cut and sewer repair
Town Meeting
May 20, 2013 AGENDA
Page 12 of 36
For more information go to www.emmitsburgmd.gov
ITEM E
Town Planner Report
Town Meeting
May 20, 2013 AGENDA
Page 13 of 36
For more information go to www.emmitsburgmd.gov
Planner’s Report
April 2013
Susan H. Cipperly, Town Planner
1. Attended Town Meeting – April 15
Planning Commission meeting – April 29
2. Provided meeting materials for Planning Commission: background info
regarding the keeping of chickens, and the Planning Commission Annual
Report 2012.
3. Permit/enforcement activity for 882 W. Main. Conferred with Frederick County
regarding status of U&O permit application. Issued enforcement letter re
signage. Code enforcement staff has met with new owner several times to
achieve compliance, and referred her to Frederick Co. Small Business
assistance office.
4. Transmitted information re the Square project to state office of State Highway
Administration as follow-up to State Planning Directors Roundtable meeting
on March 28.
5. Commissioner information requests:
a. Tim O’Donnell re College Mountain map
b. Chris Staiger re property maintenance code sections for Citizens
Advisory Committee.
6. Spoke with representative of Multiple Sclerosis Bike Ride and referred her to
R. Fryer to make pavilion reservations. This is the third year that the MS ride
will be using Emmitsburg as a rest stop. At least one local business – Holy
Grounds Café – has taken part in welcoming the bike riders to the town and
provided beverages.
7. Revised Title 6 Animals section of town code to include section allowing
chickens. After 4/15/13 Town Meeting, revised further and provided draft
digital copy to Comm. Hoover, who had volunteered to assist in the revisions.
Planning Commission recommendations of April 29 will be provided at a future
town meeting.
8. Conferred with SHA staff re citizen inquiry about street issue in front of their
residence on W. Main Street. SHA staff reviewed the situation and will see
whether something can be done in the course of performing other road work
in the area.
9. Conferred with SHA staff re North Seton/DePaul and South Seton crosswalk
revision questions discussed at town meeting. Provided follow-up information
and maps re existing situation and current users.
10. Met with Jerry Muir regarding the Maryland Smart Energy Communities grant
application submittal.
Town Meeting
May 20, 2013 AGENDA
Page 14 of 36
For more information go to www.emmitsburgmd.gov
11. Spoke with town residents regarding the following issues:
a. trash and debris accumulation along Irishtown Road, Brookfield lots.
Jerry Muir follow-up.
b. conditions on 514 E Main, where property is now owned by Fannie
Mae. Property has been mowed (by owner?), but other issues are
likely to remain until new ownership.
c. fence permit renewal/dog harassment issue on W. Main St.
12. Attended Taneytown Business Breakfast meeting on 4/12/13 and met with
Taneytown Economic Development Director on 4/17/13, per direction of
Mayor Briggs.
13. Provided maps for various projects, including Community Day, town Storm
water RFP effort.
14. Met with new owner of 7 remaining Southgate lots, with D. Haller, J. Muir.
Discussed infrastructure, fees, lot maintenance, etc.
15. Conferred with Seth Harry Associates and State Highway Administration
regarding reports, reviews timeframe. State Highway will provide review
during first week of May.
16. Daughters of Charity renovations -- Conferred with Project Manager re all
U&O’s that the town would need to issue, and processed release of
performance guarantee for storm water pond after approval by Frederick
County.
17. Completed revisions to Community Legacy program application after
conferring with committee members. Awaiting grant agreement document
from DHCD for town signature.
18. Start date for program and spending of funds will be the date of contract
signature.
Town Meeting
May 20, 2013 AGENDA
Page 15 of 36
For more information go to www.emmitsburgmd.gov
ITEM H
ADMINISTRATIVE BUSINESS
Public Works mutual aid agreement
Town Meeting
May 20, 2013 AGENDA
Page 16 of 36
For more information go to www.emmitsburgmd.gov
Town Meeting
May 20, 2013 AGENDA
Page 17 of 36
For more information go to www.emmitsburgmd.gov
SAMPLE RESOLUTION
Town Meeting
May 20, 2013 AGENDA
Page 18 of 36
For more information go to www.emmitsburgmd.gov
SAMPLE RESOLUTION
Town Meeting
May 20, 2013 AGENDA
Page 19 of 36
For more information go to www.emmitsburgmd.gov
Copy of Mutual Aid Agreement
Town Meeting
May 20, 2013 AGENDA
Page 20 of 36
For more information go to www.emmitsburgmd.gov
Copy of Mutual Aid Agreement
Town Meeting
May 20, 2013 AGENDA
Page 21 of 36
For more information go to www.emmitsburgmd.gov
Copy of Mutual Aid Agreement
Town Meeting
May 20, 2013 AGENDA
Page 22 of 36
For more information go to www.emmitsburgmd.gov
Copy of Mutual Aid Agreement
Town Meeting
May 20, 2013 AGENDA
Page 23 of 36
For more information go to www.emmitsburgmd.gov
Copy of Mutual Aid Agreement
Town Meeting
May 20, 2013 AGENDA
Page 24 of 36
For more information go to www.emmitsburgmd.gov
Copy of Mutual Aid Agreement
Town Meeting
May 20, 2013 AGENDA
Page 25 of 36
For more information go to www.emmitsburgmd.gov
Copy of Mutual Aid Agreement
Town Meeting
May 20, 2013 AGENDA
Page 26 of 36
For more information go to www.emmitsburgmd.gov
CONSENT AGENDA
Planning Commission Annual Report
Town Meeting
May 20, 2013 AGENDA
Page 27 of 36
For more information go to www.emmitsburgmd.gov
Town Meeting
May 20, 2013 AGENDA
Page 28 of 36
For more information go to www.emmitsburgmd.gov
Town Meeting
May 20, 2013 AGENDA
Page 29 of 36
For more information go to www.emmitsburgmd.gov
TOWN OF EMMITSBURG PLANNING COMMISSION
ANNUAL REPORT
Approved by the Planning Commission on April 29, 2013
Filed with Town Board May 20, 2013
1. DEVELOPMENT PATTERNS
(a) New subdivisions created: Approved condominium plat for 43-unit
senior housing project utilizing existing
building wing on Daughters of Charity
property. To be transferred to, and
developed by, Homes for
America/Emmitsburg.
Not recorded as of 4.23.13
(b) New building permits issued; No new building permits issued
(c) Zoning map amendments; Recommended change in zoning of
parcel at 303 W. Lincoln Ave, from R-2
to Village Zone.
(d) Zoning text amendments that resulted N/A
(e) New Comprehensive Plan adopted; No
(f) New Roads or substantial changes in None
roads or other transportation facilities;
(g) New schools or additions to schools; None
(h) Other changes in development patterns; None
2. MAP showing change(s) in development patterns Zoning change one parcel only, map
attached.
Town Meeting
May 20, 2013 AGENDA
Page 30 of 36
For more information go to www.emmitsburgmd.gov
3. CONSISTENCY – Determine and state whether all of the changes in development patterns
listed above are or are not consistent with: All are consistent.
(a) Each other;
(b) The recommendations of the last annual report;
(c) The adopted plans of the local jurisdiction;
(d) The adopted plans of all adjoining local jurisdictions; and
(e) The adopted plans of State and local jurisdictions
4. PROCESS IMPROVEMENTS – What are your jurisdiction’s plans for improving the local
planning and development processes?
The existing processes appear to be satisfactory.
All Planning Commission and Board of Appeals members have completed the required
MDP training.
5. ORDINANCES AND/OR REGULATIONS – List zoning ordinances or regulations that
have been adopted or changed to implement the planning visions in §1.01 of Article 66B.
NA
RESIDENTIAL “PIPELINE” – There are 54 approved residential building lots within the
Emmitsburg corporate limits, in two existing subdivisions.
No new residential building permits were issued during 2012.
ATTACHMENTS: Zoning map showing change referenced in item 1(c)
OTHER ACTIVITY:
1. Recommended approval of resolution adopting Architectural Guidelines document for
the town, with specific reference to the National Register Historic District. Referred by
Town Board.
2. Approved site plan for senior housing project described in 1(a).
3. Final Approval for Lot 7 of Emmitsburg East Industrial Park II, but not recorded as of
4.25.2013.
Town Meeting
May 20, 2013 AGENDA
Page 31 of 36
For more information go to www.emmitsburgmd.gov
Town Meeting
May 20, 2013 AGENDA
Page 32 of 36
For more information go to www.emmitsburgmd.gov
AGENDA ITEMS
ITEM 1
Set 2014 constant yield tax rate – staff recommends that we
keep the rate at $0.36 per $100 of assessed value
Town Meeting
May 20, 2013 AGENDA
Page 33 of 36
For more information go to www.emmitsburgmd.gov
Town Meeting
May 20, 2013 AGENDA
Page 34 of 36
For more information go to www.emmitsburgmd.gov
AGENDA ITEMS
ITEM 2
Fiscal Year 2014 budget – handed out at last town council meeting
Town Meeting
May 20, 2013 AGENDA
Page 35 of 36
For more information go to www.emmitsburgmd.gov
IV) SET AGENDA ITEMS FOR JUNE 3, 2013 TOWN MEETING
1.
2.
3.
4.
5.
6.
Town Meeting
May 20, 2013 AGENDA
Page 36 of 36
For more information go to www.emmitsburgmd.gov
V) SIGN APPROVED TEXT AMENDMENTS AND/OR RESOLUTIONS