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

Public Workshop
Emmitsburg Town Office
September 1, 2004

President O'Neil announced the need for a closed executive session following adjournment of this meeting as permitted by the Annotated Code of Maryland, State Government Article: Section 10-508 (a) Closed Meetings, Item 1 to allow the Mayor and Town Council to meet with the Town attorney and receive legal advice. 

Commissioner Comments  Diane Walbrecker queried open discussion as to when one of the Board issues a statement or information sheet that would appear to come from the whole Board. Mr. O'Neil entertained this item with reference to one he recently sent out. He stated that he signed it particularly, "Free right to communicate with their constituency". Ms. Walbrecker added that she has on 2 prior occasions entertained informational meetings i.e., transportation meeting, and Fire Sprinkler meeting. Mr. Haller offered that when one person gives the appearance/impression that the commissioners as a whole are represented, then that is the breaking point. Casual discussion took place regarding the possibility that Frederick County may put two ambulances in the fire company.

Agenda Items:

Water/Wastewater Staffing Request

Mr. Haller reported staffing has been critical in the water/wastewater department, the Board was asked to approve the appointment of an applicant for water/wastewater operator trainee, grade 4 step 3 $11.26/hour. Commissioner Elder commented that the pay seems low. It was explained that the candidate has no specific experience in the field and the scale was explained that after training and license, advances can be made. He further offered that our scale was set by comparable positions surveys of other municipalities in the area.

Motion: to hire Mr. Stultz as water/wastewater operator trainee, grade 4 step 3 at $11.26 and hour. The motion was made by Commissioner Elder and seconded by Commissioner Rosensteel. 4-0 in favor

Catoctin High School Athletic Boosters

Mayor Hoover reported this is a very active after school sports program and feels it is worthwhile, and that the Town should contribute. He recommends a contribution of $500. Commissioner Walbrecker asked Mr. Haller what kind of funding does the Town have for these types of donations. There was a brief discussion on the budget and where the funds would come from, possible budget transfer. Mr. O'Neil stated it would be wise to put it in the next budget for these types of expenses. Motion: To donate $250 to the Catoctin High School Athletic Boosters. The motion was made by Commissioner Walbrecker and seconded by Commissioner O'Neil. 4-0 in favor 

At this time Commissioner Walbrecker made an announcement that due to preexisting contracts, she will be gone from September 12th for two weeks and will miss the next Town Meeting and Agenda Meeting. Mr. Lucas interjected that now might be an appropriate time to address the meeting scheduled on September 22, requested by Mr. Reaver to remove a condition of an annexation. This meeting was scheduled to be held in conjunction with the Towns regular agenda meeting. Mr. Lucas stated that there is no mandatory referral to the planning commission for recommendation for this, would like to clarify what the Board would like staff to do. There was a discussion about time frame for advertising and also how it effects the applicant. It was the general consensus special meeting of the planning commission should be called, change advertisement to say "immediately following the agenda meeting". Motion: The Board recommends that the Planning and Zoning Board hear this item in a special meeting that can be called sometime next week, requesting a recommendation from the Planning and Zoning Commission. Motion was made by Commissioner Walbrecker and seconded by Commissioner Rosensteel.  4-0 in favor 

Set Agenda for September 13, 2004 Town Meeting

The following items were selected to appear on the September 13, 2004 Town Meeting.

  • Consider Modification of Ordinance 2.04.02 "Organization of Commissioners" Possible changes: 
    • Meeting Schedules; 
    • Meeting times - this was carried over from August Town meeting. 
  • Resolution 2004-08-A resolution to approve the 8th amended and restated trust agreement for LGIT. 
  • Ordinance 04-11-amends resident qualifications for Streets Committee. 
  • Ordinance 04-12 - Amends resident qualifications for Water Committee. 
  • Ordinance 04-13 - Amends resident qualifications for Parks Committee. 
  • Employee Handbook - Job Description Review.

Mayor Hoover stated there needs to be a little text adjustment so the employee handbook and the town ordinance coordinate. Commissioner O'Neil added that most towns have more sick days, vacations why are we behind? Suggested personal days instead of sick days. Commissioner Walbrecker mentioned she has always wanted a job description review. Mr. O'Neil asked if the handbook review includes the policies? Mr. Haller suggested dealing with the handbook issue and if the Board has anything else they would like staff to get together for the next meeting they can do that. 

  • Pembrook Woods -Vandalism & Public Safety (discussion only) Originally brought up as a Pembrook Woods problem. Commissioner Walbrecker asked about other neighborhoods, the discussion item was then changed to include any town public safety problems. Lucas brought up specific problem of basketball hoops within public right-of-way. Commissioner O'Neil stated there is no right answer to this, the kids need recreation. There was discussion on the gym and if it is available for night time recreation. Mr. Haller stated he will get the information so it can be put on channel 99. He also has a meeting on September 7, 2004 with Parks & Recreation and will check into this. 
  • Reappoint -Streets Committee. 
  • Upcounty presentation to the Board. Commissioner Rosensteel announced a public hearing for the TRANSIT services of Frederick County, announce it at the next meeting and put it on the cable channel. Commissioner Art Elder, sign ordinance, can it be on to vote it in? Lucas synopsized the actions taken by the Planning and Zoning Commission this past Monday night. Will have to be on next meeting to meet advertising requirements. A text amendment recommendation will be presented to the Board for approval. Commissioner Art Elder stated he received something from Sabrina Paxton-Daily, town ordinance needs to reflect the Comprehensive Plan. They want to see the comprehensive plan adhered to and implemented in the form of ordinances. Mr. Haller interjected the Comprehensive Plan needs to be completed first, about a 2 year procedure. They can do it at public comment. Board's consensus that they can do nothing yet. 
  • Presentation by Sabrina Paxton-Daily (discussion) 
  • Commissioner O'Neil was contacted by Silo Hill, behind gas station, contacted MDE who came out and noise pollution far exceeded acceptable levels. Carwash is allowed to operate 24 hours, why are they allowed to operate 24 hrs when one reason that the station closes at 11 pm because of this concern. They want to bring it to the Boards attention that there were supposed to be sound preventive measures. Mayor Hoover stated if they feel that the site plan is not being adhered to, then it's a Planning and Zoning Issue. MDE did call Lucas and inform him that there is an action pending. Mr. Haller stated that MDE needs to copy Town. Commissioner Walbrecker asked what "action" meant? Mr. Lucas: they had "findings" don't know what they are yet.

Commissioner Walbrecker: draft language for removing plaque on birdbath, county wants letter saying it's OK to take this plaque off. Mayor Hoover said he will get with Mr. Haller and a letter will be sent stating the Town is in support of EBPA. She also suggested that violation letters just be in a notebook with one copy available to the commissioners–all agreed. Commissioner Walbrecker asked about minutes that were already approved but she found an error, what can be done? Donna stated she could make a comment at Commissioner Comments at next meeting. Mayor Hoover stated minutes can be revisited but there is a certain time frame. Motion: for a 5 minute recess at 8:55p.m. Commissioner Elder made the motion. Motion carried.