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

Town Meeting Minutes
Emmitsburg Town Office
June 2nd, 2003


Town Manager Report - reported on the public works department monthly activities to include a water production and consumption and wastewater treatment analysis. He also enumerated the parking violation statistics and 23 building permits were issued to include 8 new homes. Added this month and to become a regular monthly item was a development report.

Committee reports - Commissioner Sweeney reported that the Planning and Zoning Commission met May 26 but there were no agenda items. The committee members expressed thanks to Ted Brennan for his work on the committee. Representing the Streets and

Transportation Committee, Commissioner Pat Boyle reported success for funding in the 2004 budget the resurfacing of these streets, in priority order: Frailey, Potomac/Chesapeake and School Lane. They discussed the situation of needed sidewalk repair. In new business, they recommended a new timing sequence to the traffic light at the square during peak hours to alleviate the left turn congestion. Also discussed was the "intersection" in Emmit Gardens at the 3 way entrance towards route 15 South –that there's no yield sign. The next meeting is June 25.

Commissioner Joyce Rosensteel, representing the Parks Committee, that the first concert in the park is scheduled for Sunday night, June 8 in Memorial Park. No Board of Appeals meeting was needed during May. Art Elder expressed his hope that another water plant tour could be scheduled, perhaps one for the Lions Club in July. Mr. Haller was mentioned that because of current heightened threat to water systems, this should not be considered at this time.



Mr. Haller presented a proposal to create a new employee job description and pay structure. This addition will create an additional grade/job category to the current salary structure. He provided the council with surveyed amounts paid by three other municipalities for the same position.

MOTION: To approve the proposed grade 10 addition to the salary chart.  VOTE: 4-0 in favor of the motion.


This item is to approve the annual salary structure chart for 2003-4 due to the enacted 1.5% annual increase. MOTION: To approve Ordinance 03-09 amending Title 2, Section 2.50.030, Title 2, Administration and Personnel of the Code of Emmitsburg, which revises the annual salary structure for fiscal year 2003-2004 enacting a 1.5% increase. VOTE: 4-0 in favor of the motion


Proposed: increase in impact fee from $1000 per new residential dwelling construction to $1200: the additional $200 to be committed an emergency warning system.

MOTION: To approve Ordinance 03-05 amending Title 3, Section 3.08.010 , Revenue and Finance, increasing the impact fee to $1200 of which $200 will be committed to purchasing, installing and maintenance of a local emergency warning system. VOTE: 4-0 in favor of the motion.


This ordinance was drafted with the intent to mimic state ordinance in regard to restriction on private water wells. The Mayor explained that the council's and management's concern is that any well connected to the water system has the possibility of contaminating the town water delivery system. Mr. Haller stated that he would like the wordage to be adjusted in that the council does not support private wells, they want them to adhere to all state regulation. This could be rewritten to state so. Councilman Elder stated that he has a permit from the state issued in 1977 until 2012 –that he would like to see the existing wells grandfathered in.

The Mayor retorted that the council is not taking this action of one particular well. Just last year, another well was judged by the health department to be a possible contaminant and ordered by them to be disconnected. Commissioner Elder expressed that his situation could have been handled better. Pat Boyle reiterated that this is for benefit of the whole town, not a personal issue. Mayor Hoover reminded the council that this site-specific discussion is not allowed for this consideration. It was the consensus of the Board that the ordinance should be rewritten to coincide with the state provision. This ordinance also provided for the enactment of a quarterly maintenance fee and miscellaneous service charges regarding unscheduled meter readings.

MOTION: To send back Ordinance 03-07, Wells and Service Charges, to be rewritten to formulate and comply with the State.

PUBLIC COMMENT: Bill O'Neil, 3010 Stonehurst Drive commented regarding the letter sent to Art Elder to stop use of his well and fill it in at his expense. He expressed that the letter was sent for reasons of "political vendetta" and compared the "site-specific" discussion to the riparian buffer matter –that this is a "specific" confrontation. He accused town officials of attempting to shut down Mr. Elder's business. VOTE: 3-0-1 in favor of the motion.  Commissioner Elder abstaining.


Pat Boyle explained that this ordinance changes the frequency of billing the minimum sewer charge and the contract trash charge from semi-annual (formerly annual) to quarterly. The total amount will remain the same but will be divided and incorporated with the quarterly water/sewer/garbage bills. He added that this should provide some financial relief, especially for those on fixed incomes.

MOTION: To approve Ordinance 03-08 amending Title 13, Public Services, Sections 13.04.030, 13.08.110, and 13.16.020 of the Code of Emmitsburg to change the minimum sewer charge and the contract garbage charge from semi-annually to quarterly. VOTE: 4-0 in favor of the motion


To accept, in policy format, the procedures in place for responding to requests for information.

MOTION: To accept Policy 03-02, outlining request-for-information procedures. VOTE: 4-0 in favor of the motion.


This ordinance makes "riparian buffers' exempt from section 8.12.040 of the Town Code (grass and weeds). Discussion ensued regarding the footage requirement for the borders. It was decided that this item (item 4) was to be deleted from the proposed ordinance.

MOTION: To approve Ordinance 03-10, as revised, amending Title 8, Section 8.12.050, Health and Safety which adds a provision for a riparian buffer as an exemption from Section 8.12.040-- removal of grass and weeds. VOTE: 4-0 in favor of the motion.


Commissioner Sweeney introduced his desire to have the town establish a policy related to the maintenance and replacement of private sewerage grinder pumps that are connected to the Emmitsburg wastewater system. It was discussed that the town provides maintenance for those pumps outside of the town limits but not with new construction. Commissioner Rosensteel commented that the council should hold off for a while before making any policy change. The council was in agreement. Mr. Haller suggested that he gather information from other municipalities as to their policy and procedures –he is aware that Hagerstown does address this function in their ordinance.

MOTION: To table the grinder pump maintenance matter for 90 days in order to gather more information.

It was asked, "What do we do to maintain?" Mr. Haller explained that there is no actual maintenance, the town replaces the pump.

PUBLIC COMMENTS: Linda Junker, 17313 Mountain View Road informed the council that during the 1980's when the public sewer system was planned that meetings were held to which the affected public were invited (specific one: February 26, 1987). She stated that the connection of these out-of-town properties was mandated by EPA and funded by grants. She referred to maintenance agreements in place until the year 2012. She expressed that she felt the pumps are not being maintained in the sense that alarms are not being checked.

Town Manager Dave Haller added that these pumps last, on average, 5 to 10 years, not the mentioned 15 years.

VOTE: 4-0 in favor of the motion


Cliff Sweeney stated that he has been surveying and documenting the needed sidewalk repair, especially when the tree roots have erupted the sidewalks. Mayor Hoover confirmed that property owners are responsible for sidewalk repair but when the town tree damages the sidewalks then the town should repair those. Those sites should be looked at and a program for repair established. Town Manager Dave Haller reiterated his recommendation that the tress be removed and new trees planted with root boxes. He explained that this causes the roots to grown downward, saving the sidewalks. The Mayor concurred and explained that this will be a multi year task to accomplish.

PUBLIC COMMENT: Bill O'Neil, 3010 Stonehurst Drive suggested that the council consider what some other towns were doing –a "walk of heroes" selling commemorative bricks to offer support and defray the cost of sidewalks. Diane Walbrecker, 535 West Main Street stated that the 2 poles installed by the town at the corner of her property are working well to keep traffic from cutting through her yard.


Shawn Brown, Northgate spoke to the problem at the intersection of Provincial Parkway and Irishtown Court. She suggested that stop signs be installed at bother intersections of Irishtown Court. Also that drivers are not stopping at the existing stop signs. She asked for assistance to help monitor the traffic patterns there.

Frankie Fields, Harney Road Why so much time for a decision on this? You must be flexible. Now they know Bradford pears are dirty. She expressed that something be done about the appearance of the sidewalks and streets in regards to trash and newspapers lying around for weeks. She implored, "People, just pick them up."