Minutes
Town Meeting
March 21, 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 Dave Haller, Town Manager and Sue Cipperly, Town Planner
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I. Call to Order
Commissioner Christopher Staiger, President of the Board of Commissioners, called the March 21, 2011 Town Meeting to order at 7:30 p.m. Pledge of Allegiance was recited.

Approval of Minutes
The Minutes of the March 7, 2011 Town Meeting were approved as presented.

Commissioner Comments                                                
Commissioner Blanchard reported his follow-up regarding reinstating an Arbor Day event.  Commissioner Sweeney thanked the town for recognition of his grandfather’s death. Commissioner O’Donnell: suggested setting a date for elected officials/town staff rides in town as an activity to evaluate what exists in the town for cycling, recreation, commuting and shopping; announced the “Run for the Sun” -- a fundraiser for the Council of Church’s trip to Kenya--on April 16, 2011 at 8:00a.m., beginning at Mount Saint Mary’s at the ARCC; questioned these follow-up items: crosswalk 140- nothing received yet; parking space count in Community Park should be done this week; replacement has been done of the sewer grate on Lincoln Avenue.  Commissioner Joy encouraged everyone who is interested in what is happening at the county level i.e., mitigation fees for schools, please contact the County Commissioners.  He congratulated Mayor Hoover on his appointment to the Charter Review Committee.

Mayor’s Comments
Mayor Hoover announced that he would not be here for the next town meeting.  The National Fire Heritage Center is scheduled to open up next weekend.

Administrative Business
To Commissioner Blanchard’s inquiry on the finish timeline of the park trail, Mr. Haller stated the timeline to complete the trails on the southern park of Community Park will probably be June or July when the ground will be dry.  Mayor Hoover announced the bulk trash pick up on April 14, 2011.

Consent Agenda
1.    Resolution of support for the Emmitsburg Library
2.    Appointment to Parks and Recreation Committee – Ed Lowery
                                                            Unanimous consent
Reports:
Town Manager Report - reported on the public works department monthly activities to include a water production and consumption analysis highlighting a precipitation deficit of 4.2” over the last six months.  Detailed report at Exhibit A
Police Report - Deputy McQuain provided the February 2011 police report.  Detailed report at Exhibit B. Commissioner Sweeney requested more coverage on Chesapeake and Memorial around the ball fields, and maybe putting in another temporary speed bump.  The Town Manager will look into it.

II.       Agenda Items

HOMES FOR AMERICA -TOWN CONTRIBUTION TO DAUGHTERS OF CHARITY SENIOR HOUSING
Kathy Ebner and Nancy Rase presented proposal for contribution: request that the town apply on their behalf for Community Development Block Grant funds of $500,000 to offset costs and offset capital losses due to economy downturn.  The next application round for CBDG funds will be May or June.  Mayor Hoover commented that it’s a win-win, no negative at this point, mentioned other instances that this has been done.  Commissioner Joy commented that this is a great idea, at no cost to the town.  Commissioner Staiger commented to use our authority to substantially help the project is a big benefit.  He asked if there was any opposition to grant Mr. Haller the authority to negotiate the grant agreement with the understanding that the grant would have to come back to the Board for approval.  No opposition, Unanimous Consent

REVIEW SPLASH PARK BIDS
Since the range of bids was vast, Mayor Hoover recommended approval on the low bid with an onsite interview/pre-construction meeting to assure understanding of the project.  Any contrary understandings would effect a return for further Board consideration.  There would be no notice to proceed until such pre-construction meeting takes place.  The intent is to be done by June but with time constraints, the bid needs to be approved.  A changing factor is that the allotted POS grants have been rescinded by the state.  Commissioner Joy stated his concern of costs since it would entail reducing the fund balance.  Commissioner Sweeney pointed out other reserved parks capital funds, which if reallocated, could reduce the impact to the fund balance.
Motion: - To grant conditional approval of Paddock Pool’s bid for $60,506 contingent on the preconstruction meeting and return with request to proceed and submission of budget amendment for final approval.
Motion by Commissioner Blanchard, second by Commissioner Joy                                                                              Vote: 4-1 in favor
                                      Commissioner Staiger opposed.

RECEPTIONIST – DECISION ON FILLING VACANT POSITION
Mayor Hoover expressed that this vacancy should be filled, the remaining full time positions would be too taxed to mete out those duties.  Public Comment:   Larry Little, 324 DePaul Street and  Sr. Eleanor Casey, 333 S. Seton Avenue – both spoke in favor of maintaining the receptionist position.  Mr. Haller recapped that this is a fulltime position at a grade 3, step 3 starting position of $11.47 per hour, which is $23,855 a year.  Commissioner Blanchard expressed support of the position.  Commissioner Staiger agreed, stating that it is a budgeted position and that the disruption would not benefit residents.  Commissioner Joy commented that he is still concerned about the budget, as the two biggest drivers are police and personnel, and would like to have discussion next time anyone leaves before advertising for a replacement.
          Motion: - To  move forward and fill the position for town receptionist.
          Motion by Commissioner Blanchard, second by Commissioner Sweeney
                                 Vote: 5-0 in favor 

REQUEST FOR MODIFICATION TO CR ZONE 17.30
Mr. Elliot requested a modification to CR Zoning.  He stated that he is not asking to restore zoning today to its prior zoning, just wants the Board to understand the magnitude of what that means.  He provided proposed language that he would like added to the existing language stating that this zoning is a temporary zoning and the Town will consider reclassification of the zoning when available for development. Commissioner Joy would like to move forward with the idea.  Commissioner Staiger stated the town did not intend this to be a reserve status to preclude development.  Ms. Cipperly commented that this appears to be a financing argument, not a zoning issue and that it is a significant amount of land to have allocated water to without a near future need for it.  Discussion took place that there might be wordage that can provide an avenue to address the situation.  Ms. Cipperly would like to avoid making it look like there are going to be taps there.  Commissioner Staiger said that we don’t allocate taps until the zoning is changed.  All the Board would be providing is a potential for reconsideration outside of the comprehensive rezoning process.  Staff will make a draft and bring back for Board consideration at the second meeting in April.                                                                                                                                                          
CONTINUE DISCUSSION OF COMMUNITY GARDEN CONCEPT
Staff presented draft agreement for parties wanting to participate and proposed layout of location at Community Park between the creek and the fence.  Commissioner Joy thanked staff feels this is great. Commissioner O’Donnell stated his concerns with the distance from the water source and road. Public Comment: Larry Little, 324 DePaul St. - had concerns of the location. Commissioner Staiger stated that he thinks this location is probably suspect also, but would rather proceed than not.
          Motion: - To accept staff proposed community garden location.
          Motion by Commissioner Sweeney, second by Commissioner Joy
                                      Vote: 5-0 in favor

PEDESTRIAN AUDIT DISCUSSION
Commissioner O’Donnell presented two items for checklists to consider the quality of walking and cycling infrastructure in town--to recognize what has been done right and enhance what needs to be modified. He hoped to get a group of people that would be willing to participate in an audit of the town regarding its biking and walking facilities, believing that if  the town is as walkable and bikeable as possible, it will enhance the quality of life in Emmitsburg. Sue Cipperly spoke with Frederick County transportation planner, he will be available to meet the group and provide expertise.  She has looked into these audits and grants and they do require some professional input.  Commissioner Sweeney suggests utilizing the committees that we already have in place to go through the checklist.  Mayor Hoover has no objections of Commissioner O’Donnell and Sue Cipperly working together to come up with a plan.  Commissioner Joy stated this was endorsed by the Citizens Advisory Committee when they discussed it.  President Staiger asked for any opposition for Commissioner O’Donnell to pursue a pedestrian audit with the town planner. No opposition, Unanimous Consent                 

III.      Public Comments   
Larry Little, 324 DePaul Street – Commented on the water restriction usage.  He realizes the intent but the rules and slapping on fines is too much legislation.  

IV.       Set Agenda Items for April 4, 2011 Town Meeting
1.     Consideration of splash park and funding source
2.     Contract to replace salt shed
3.     Outdoor watering policy
4.     Grease trap amendment - clarification of exemption
5.     Revisions to ethics ordinance – set term limit
6.     Community calendar

V.        SIGN APPROVED TEXT AMENDMENTS AND/OR RESOLUTIONS

VI.       AdjournmentWith no further business, the March 21, 2011 Town Meeting was adjourned at 10:01 p.m.                                    
                                                                  Date Approved:  April 4, 2011