Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland
21727
301-600-6300

Minutes
Town Meeting
Emmitsburg Town Office
June 2, 2008

Present:  Mayor James Hoover; Commissioners Clifford Sweeney, Glenn Blanchard, Joyce Rosensteel, Denise Etris and Christopher Staiger, President. Also present were Donna DesPres, Sue Cipperly and Dave Haller, Town Manager  Absent: Denise Etris, with prior notice

Call to Order Commissioner Christopher Staiger, President of the Board of Commissioners, called the June 2, 2008 Town Meeting to order at 7:30 p.m.

Approval of Minutes  The Minutes of the May 19, 2008 Town Meeting were approved as corrected.

Commissioner Comments

Commissioner Blanchard issued thanks to the Boy Scouts and the Lions Club for their participation in the Willow Rill clean-up. It was announced that this will be the first year that Community Day will be celebrated at Community Park. Commissioner announced that he will be out of town for the meetings June 16 and 17.

Mayor’s Comments

Mayor Hoover had these announcements: The pool is now open on Fridays-Sundays until school is out. Flag Day ceremonies will be held in Emmitsburg this year, June 14, Memorial Park, 2:00. The police academy will take place June 30.

Administrative Business

Commissioner Blanchard / Dave Haller: will be in compliance with ordinance in re signs

Sue Cipperly, Town Planner: In reply to May 5 public comments re grass height concerns- she has reviewed and verified that conditions are being followed re playground equipment being outside the buffer.

Reports:

Treasurer’s Report - Commissioner Joyce Rosensteel. See attached report, Exhibit A.

Committee reports - Commissioner Blanchard reported that the Planning Commission continued work on the comp plan, and on schedule. Mayor Hoover pointed out that the 60 day review starts, then no changes are done until the 60 days have elapsed.

Agenda Items

FY 2009 Budget Review

The revised fiscal year 2009 budget was presented. In response to her inquiry to the State Pension System re value, interest rate and application of a $200,000 principal pay-down, the Town Clerk informed the Board that the town's actuarial obligation has been recomputed and reduced from over $400,000 to $123,327. This "pay-off" amount must be paid by June 30 to avoid recomputation costs. It was suggested to pay this amount from the ongoing fund balance during the current fiscal year and thereby remove that obligation from fiscal year 2009 budget.

Motion: To remove line 22 of the $200,000 fund balance transfer from the debt service fiscal year 2009 budget calculations
Motion by Commissioner Staiger, second by Commissioner Sweeney

Vote:
4-0 in favor
Motion:
To also delete line 21 of the $38,921 annual pension debt payment and restore the CIP planned appropriations as submitted by the Mayor in his original budget proposal.
Motion by Commissioner Staiger, second by Commissioner Blanchard
Vote:
4-0 in favor
A revised copy will be presented at the next meeting for final approval and the fiscal year 2008 budget transfer will be considered.

Resolution 2008-02R

The EPA requires a resolution appointing an authorized representative to act on behalf of the Town of Emmitsburg for securing a federal grant award.

Motion: To approve Resolution 2008-02R appointing David Haller, Town Manager, as authorized representative for EPA grant completion purposes.
Motion by Commissioner Staiger, second by Commissioner Rosensteel

Vote:
4-0 in favor

Ordinance 08-04 Sewer Connection Surcharge Extension

This ordinance would extend the surcharge imposed for any sewer connection to June 30, 2012. Mr. Haller explained that this was originally mandated to rehab the existing delivery system and somewhat fund depreciation.

Public Comment:  Chuck Karfonte, Ryan Homes - mentioned that not extending the surcharge would help improve the market in terms of a lower house price to finish the development and also asked for future consideration of elimination of the water surcharge. Richard DeMitt, RJD Development - opposed, to be able to cut the price to the home buyer and suggested deferment for a year, then look over the situation again.

Discussion: Mayor Hoover: suggested that, if approved, to review at a time less than the 4 years and expressed concern that the projects will be prolonged.

Commissioner Blanchard: based on current budget, the extension is needed, but agreed that a review would be wise.

Commissioner Rosensteel: don’t see how we can let go, conditions of infrastructure warrant needed repair

Commissioner Sweeney: The town will be going backwards if it's taken back now, times are hard on town too

Staiger: if in a positive situation, would be more inclined to reduce surcharge, that the developers have been so supportive and cooperative, "It's a difficult decision," unfortunately, it’s the climate of the business world at this time.

In regard to reviewing the status, Mr. Haller added that the need will not decrease in 6 months or even 4 years.

It was a consensus that a revision time is not needed as a change to the ordinance, that it can be brought it back for discussion any time.

Motion:  To approve Ordinance 08-04 amending §13.08.090 of the Code of Emmitsburg which extends the sewer surcharge until June 30, 2012.
Motion by Commissioner Blanchard, second by Commissioner Staiger

Vote:
4-0 in favor

Consider Adding a Barber Pole as an Allowance to the Sign Ordinance

The Board has been solicited to consider a text amendment to provide for a traditional barber pole. It was explained by the Town Planner that the typical pole would fit the sign ordinance criteria as an animated sign, internally lit and projecting--features which are not permitted. Methods to effect this change could be:

  • List as an exclusion in the "animated sign" definition
  • Define barber pole separately, as a lighted, animated sign
  • Specifically exempt from prohibited signs
  • State as the one exception to internally lighted sign allowed in the Village Zone
  • Allow only at barber shops (vs. as decorative item for other shops)

It was staff's recommendation to allow such sign.  It was discussed to allow at licensed barbers only, not exempt it, define it.  Sue Cipperly, Town Planner, stated that, by treating it uniquely, it prohibits any other animated signs.

Mayor and Commissioner Salary Adjustment

Public CommentLibby Briggs, 137 South Seton Avenue - expressed thanks to each member for serving- - the professionalism and education brought to the board results in a great lifestyle in the town industry, hoped for positive consideration

Sr. Eleanor Casey, 333 South Seton Avenue - agreed with Mrs. Briggs, stating that citizens do not appreciate the time, effort and work that members put into their service, supported the adjustment.

Commissioner Blanchard clarified that only each successive new term board member benefits, none of the sitting members.

Commissioner Staiger noted that, in the past, no percentage for the Council is considered at the same time as employees' cost of living, is comfortable with tying it in to the employees' cola, felt that this method is not subject to abuse and simpler with a fresh start, although he is not in favor of this particular proposal's amounts, and would like to look at the real process.

Mayor Hoover felt that this method would help in the consideration of one’s own increase. Commissioner Blanchard commented that since there's no rush to increase, is interested to bring back numbers, felt it is a good idea to build it in automatically, that there should be some adjustment, and is not in favor of a freeze.

Motion:  To approve Ordinance 08-05 to §2.24.030 of the Code of Emmitsburg amending the salaries of the Mayor and Board of Commissioners.
Motion by Commissioner Rosensteel, second by Commissioner Sweeney.

Vote: 
2-2 Blanchard and Staiger opposed

In answer to Commissioner Blanchard's query, Mr. Haller supposed that the salary paid would escalate each year but effective only with a new term. He will bring back attorney’s opinion, and will also research with the state.

Set Agenda Items for next Meeting

  • fiscal year 2009 budget review
  • continued consideration of Council salary increase
  • sign ordinance amendment
  • fiscal year 2008 budget amendment
  • Parks and streets committee appointments

Approved ordinances, policies and/or resolutions were signed.

Public Comments

Ann Kulcheski, 12 Robindale Drive - complained of smell from infrequency of yard waste availability.

Staff will see about additional dates for transport to the landfill.

Adjournment With no further Business, the June 2, 2008 Town Meeting was adjourned at 9:15 p.m.

Date Approved: June 16, 2008