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Emmitsburg debates moving from fixture chart to capacity‑adjusted tap fees; staff to draft ordinance

Board of Commissioners, Town of Emmitsburg · February 4, 2025
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Summary

After a lengthy debate on equity and budget impacts, staff recommended using a capacity adjustment (ERU) factor for nonresidential water/sewer tap fees and to draft an ordinance that would include a periodic consumption review; commissioners provided direction to prepare an ordinance for future public hearing.

Commissioners and staff spent an extended portion of the Feb. 3 meeting discussing whether to change Emmitsburg’s water and sewer tap fee methodology from a fixture‑count approach (based on Frederick County’s chart) to a capacity adjustment factor (ERU) proposed by RK&K engineering.

Town staff (Willets, speaker 7) explained RK&K’s memo comparing the current fixture chart and a capacity adjustment approach. The proposed capacity method would calculate nonresidential taps using an ERU adjustment factor (for example, seats for churches) and then include a review period (commonly recommended as one year) to compare actual consumption to the projected usage. If usage materially differed from the projection the board could then decide whether to charge additional taps or provide refunds; staff noted jurisdictions handle the review differently.

Commissioners raised equity questions: several observed that some low‑usage entities (for example certain churches) could pay more under some methods while some higher‑usage commercial projects might pay less now. Others stressed the town’s water fund challenges and argued the town must ensure fees provide reasonable capacity funding. Commissioner Turcrest noted the town’s tap fees have fallen since 2008 and said the RK&K proposal produces similar or higher revenues for many project types, though churches would be an exception. Some commissioners urged caution and additional research into how other municipalities implement ERU factors and review periods.

After discussion staff agreed to draft an ordinance implementing the capacity adjustment factor for nonresidential connections, including recommended language on a consumption review period and options such as whether refunds would be permitted. The draft will incorporate RK&K’s recommendations and input from the town attorney and be returned to the board for a public hearing when ready.

Key exchange: Commissioner Hoover pressed whether the board was discussing the $8,000 per‑tap numeric portion or the fixture table methodology and was advised the town intends to keep residential taps as a flat fee while updating nonresidential calculations.

Next steps: staff will work with RK&K and the town attorney to prepare an ordinance draft that includes the capacity adjustment factor and proposed review period; the board acknowledged a public hearing will be required before any adoption.