Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland

Town Meeting Minutes
Emmitsburg Town Office
April 7, 2003

Approval of Minutes

The Minutes of the March 3, 2003 Town Meeting were before the Council for approval. Commissioner Boyle asked for any corrections. At this point, Commissioner Boyle commented that the Mayor reported that the Council had turned everything over to the history department at Mt St Mary's and the historical society and that the Council never approved doing so. Commissioner Boyle stated, "I would like to make a motion to reconsider the motion to change the flag and town seal to reflect the incorporation date of 1825. My motion to reconsider is to clarify the word ‘change'. I'd like to have a second on my motion."

Motion: To reconsider the motion to change the flag and town seal to reflect the incorporation date of 1825 --to clarify the word "change". Cliff Sweeney seconded the motion. Discussion took place as to whether this motion to change a prior motion is appropriate. Mr. Boyle called for a Vote. Vote: 2-0-1 Commissioner Rosensteel abstaining.

He then elaborated on his understanding of what the previous (March 3, 2003) motion meant and definition of the word "change". Mayor Hoover retorted that the whole discussion of the matter at the meeting was that the town would choose to recognize only the incorporation date, leaving the founding date to the historians – no action would be taken by the Council on the founding date. Mr. Brennan, the maker of the March 3 motion entered the meeting at this time. He affirmed that the intent of the meeting discussion and his motion was indeed to eliminate any Council support of a founding date and recognize only the town government incorporation date. He defined his use of the word "change", "To take one off and replace it with the other."

Motion: To change the word "change" to "add". (referring to the May 3 2003 motion regarding changing the town flay and seal) The motion was made by Pat Boyle and seconded by Cliff Sweeney. Vote: 2-0-2 Commissioners Brennan and Rosensteel abstaining.

Commissioner Boyle declared this Vote as passed and stated, "Approved as amended."

Note: Legitimacy of this action will be reviewed and reported at the May 5, 2003 Town Meeting.

Commissioner Comments

Brennan: Two members are on board for the newly formed water committee but four are still needed. A trip to the new water treatment plant is being planned to possibly be extended to residents. The first meeting of the coalition to prevent drug abuse met March 27 and had 45 attendees. The next scheduled meeting is April 15 at the ambulance building to develop a mission statement and set the agenda for the year. From citizens' inquiry he is looking into the Frederick County capital improvement plan for a regional library in Thurmont.

Rosensteel: On June 8, 2003 the first of 3 planned concerts in the park will be held at Memorial Park. The local photographer, Bob Rosensteel is planning on a display of 8x10 photographs of all armed forces from the area. Thanks to the streets department for repairing the potholes.

Sweeney: Working on getting the streets repaired in next year's budget.

Boyle: He attended the coalition to prevent drug abuse meeting and found it very informative. He stressed that this organization needs parents at the next one. He presented for the Council's consideration to consider Emmitsburg having its own website –apart from to think about it and put it on the next agenda.

Mayor: Met February with the fire company and ambulance company, the meeting was based on emergencies happening in Emmitsburg: If we had an orange alert what would we do, how would we inform the community, etc. Some of the Commissioners, the Town Manager, FEMA, fire company, ambulance company representatives and myself took a trip to LaPlata where we were given a demonstration of their warning system. LaPlata uses sirens, which seemed to be very effective.


Town Manager Report - reported on the public works department monthly activities to include a water production and consumption analysis. Rainbow Lake is full and all wells are at non-drought levels. He also enumerated the parking violation statistics and 13 building permits were issued to include 5 new homes.

Police Report - Deputy Eyler introduced Sgt Barrick who is in charge of personnel assigned to Emmitsburg. He reported on Emmitsburg activities for the month of February.

Committee reports - Commissioner Brennan reported that the Planning and Zoning Commission met March 31 and discussed the riparian buffer ordinance recommendation, sprinkler installation in new homes and denied the Provincial House sign consideration. Representing the Streets & Transportation Committee, Commissioner Cliff Sweeney reported no meeting, the next will be April 16. He reported that he took notice that manholes are not water tight, that the storm drains need to be checked against clogs, and the developments need to be swept. The Mayor stated that maybe we should rent a sweeper. The Provincial House used to do Main Street but their machine is really only for parking lot maintenance. Commissioner Joyce Rosensteel stated that the Parks Committee were working on various projects for the summer. One project being the concerts in the park and the pool.

Agenda Items

Catoctin High School Safe 'N' Sane

In the past $250 has been donated. The Mayor and all commissioners commented on what a worthwhile project this is and fully support it. MOTION: To donate $500 to the Catoctin High School Safe ‘n' Sane program The motion was made by Commissioner Sweeney and seconded by Commissioner Rosensteel. Vote: 4-0 in favor of the motion.

Pool Management Contract

Two bids were received for the 2003 pool management. Several of the items requested were not addressed by Century Pool. It was stated that each year there have been problems with lifeguards not remaining pool side–this was a major request from the town. MOTION: To accept the American Pool bid of $37,990 bid for 2003 pool management. Vote: 4-0 in favor of the motion

Policy P03-01-update Permits and Inspection Fees

To accept Policy P03-01 amending Policy No. P01-01 Permits, Inspections and Fees, as recommended by staff: Adding the categories "additions and extensions" to Item B - Repairs, Remodeling and Alteration and deleting these same categories from Item C. Vote: 4-0 in favor of the motion.

Trash Contract for 2003-2004

The Waste Management contract of fiscal year 2003 provides the option of extending the contract a second year for a rate of $5.13 per unit per month. This service will have to be bid out again next year and will also include a second year option. MOTION: To accept the second year option of the existing refuse removal contract with Waste Management of Maryland. Vote: 4-0 in favor of the motion. Motion: To accept the Frederick County Sheriff's Office contract for police protection services (2 deputies) for the fiscal year 2004 in the amount of $158,247. Vote: 4-0 in favor of the Motion.

Chapter 8.04 - Abandoned Property

This item is to amend Title 8 of the Code of Emmitsburg to reduce the notice time and removal time allowed for abandoned property. Pat Boyle stated that he would like to see it 5-7 days as recommended by staff. Mr. Haller commented that seven days removal time is reasonable. Motion: To amend Section 8.04.010, which defines abandoned property, to a five day requirement--instead of fourteen days; and to change the removal requirement in Sections 8.04.020 and 030 from fifteen days to seven days. Vote: 4-0 in favor of the Motion.

Little League Contract

Dean Torgerson of the Little League communicated that the revised contract clarifies the maintenance questions and expressed thanks for the Council's patience and consideration. He pointed out that he was still concerned and confused about the insurance coverage on the concession stand, and who was responsible for this under certain circumstances Motion: To accept the Little League contract as amended. Vote: 4-0 in favor of the Motion.

Ethics Committee Appointments

The Council has received one applicant for a position on the ethics committee. All positions still need to be filled. Motion: To accept Carol Pavek as a member of the ethics committee. Vote: 4-0 in favor of the Motion.

Board of Appeals Appointment

The Council has received one applicant for the open position on the board of appeals.  Motion: To accept the Mayor's recommendation of Robert Rosensteel Sr. to renew his term of service on the board of appeals. Vote: 4-0 in favor of the Motion.

Election Judges Appointments

The Mayor recommended Carol Pavek, Lois Hartdagen, Danelle White and Larry Pavek (as alternate) for 2003 election judges.

Ambulance Company Donation

This is in response to a request from the Emmitsburg Ambulance Company for their new ambulance which cost them $132,000. Motion: To pledge $10,500 starting in the 2003/ 2004 budget year at $3500 annually for 3 years.Vote: 4-0 in favor of the Motion.

Public Comments

Larry Little, 224 DePaul Street discussed the recycling dumpster situation. He wanted to "straighten out the facts... to get the story straight". He expressed thanks to the Mayor for getting them moved. He commented on how the Dispatch article was very unprofessional in their reporting and how the author had his facts wrong..

Dottie Davis, 60 Second Avenue stated that the area school is overcrowded, they're bringing in another portable this fall, "So, this council needs to start working on the existing problem and students before bringing any more students here." There was discussion amongst the commissioners to get the school board's attention for Emmitsburg.

Ray Buckheister, 74 Wenschoff Road, Fairfield announced that on April 14 the Dispatch is holding a community forum with the candidates for election.