TOWN OF EMMITSBURG2013/05/20 · TOWN OF EMMITSBURG 300A South Seton Avenue Emmitsburg, Maryland 21727 Mayor 301-600-6300 fax 301-600-6313 James E. Hoover, Vice …

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

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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

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ITEM C

APPROVE MINUTES FROM May 6, 2013 TOWN MEETING

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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

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May 20, 2013 AGENDA

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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

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May 20, 2013 AGENDA

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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:

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ITEM D

TOWN MANAGER REPORT

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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

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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

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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

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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

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ITEM E

Town Planner Report

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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.

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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.

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ITEM H

ADMINISTRATIVE BUSINESS

Public Works mutual aid agreement

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SAMPLE RESOLUTION

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SAMPLE RESOLUTION

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Copy of Mutual Aid Agreement

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CONSENT AGENDA

Planning Commission Annual Report

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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.

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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.

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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

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AGENDA ITEMS

ITEM 2

Fiscal Year 2014 budget – handed out at last town council meeting

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IV) SET AGENDA ITEMS FOR JUNE 3, 2013 TOWN MEETING

1.

2.

3.

4.

5.

6.

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V) SIGN APPROVED TEXT AMENDMENTS AND/OR RESOLUTIONS

Documents

TOWN OF EMMITSBURG2013/05/20 · TOWN OF EMMITSBURG 300A South Seton Avenue Emmitsburg, Maryland 21727 Mayor 301-600-6300 fax 301-600-6313 James E. Hoover, Vice …