MINUTES
WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING
February 9, 2011
The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, February 9, 2011, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Donald Schildt, Chad Weddle, Russell Winch, and Debbie Zimmerman, Town Manager Gloria Long Rollins, Public Works Director Bob DePaola, TFC Jimmy Ardinger, approximately 22 citizens, and Blair Ames of the Frederick News-Post.
The meeting was called to order by Burgess Ralph Whitmore, with the Pledge of Allegiance.
Commissioner Weddle offered a prayer to open the meeting and offered condolences to the family of Diane Fauble on the death of her mother, Betty Sell.
1. MINUTES
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Russell Winch, to approve the Town Meeting minutes of January 12, 2011. The motion passed by a vote of 5-0.
2. TAX EQUITY DISCUSSION
Burgess Whitmore led the discussion regarding tax equity versus tax differential. Currently, Frederick County implements a calculation whereby they remit county taxes collected for various services (police protection, planning, parks) back to the municipalities that provide the services. An historical calculation has been used that incorporates population, acreage, expenditures, etc. and arrives at the portion allocated back to each participating municipality. A proposal for tax differential continues to be discussed at the county level. Tax differential involves a reduction of the county tax rate within the service providing municipality with a corresponding tax increase to be implemented by the municipality to provide the services. The municipality would have to endure a perceived tax rate increase to continue to provide the services supplemented by tax equity, a suicidal move politically.
Commissioner Chad Weddle made a motion, seconded by Commissioner Russell Winch, to support the current process and procedure for remitting tax equity payments back to the municipalities.
The motion passed by a vote of 5-0.
3.APFO DISCUSSION – FREDERICK COUNTY ORDINANCE
Burgess Whitmore led the discussion on the proposed repeal of the County Adequate Public Facilities Ordinance (APFO). The former Board of County Commissioners (BOCC) amended the APFO to have the County school adequacy test apply to land annexed into municipalities after June 23, 2009. The Maryland Municipal League/Frederick County Chapter members, all Frederick County municipalities, except Walkersville, had filed a lawsuit challenging the legality of this amendment to the County APFO. The newly elected BOCC has commenced the repeal of the amendment and referred the repeal to the municipalities for comment. They anticipate that the lawsuit will be dropped.
The Burgess and Commissioners discussed their support of the APFO as amended by the previous BOCC. They felt that the ordinance as it stands controls growth that would occur outside of Town but overcrowd schools serving the Town. It was noted that the Town is not a party to the lawsuit and the County APFO infringes on municipal rights.
Commissioner Don Schildt made a motion, seconded by Commissioner Russell Winch, to send a letter to the County Commissioners in support of keeping the current APFO in place, not repealing the ordinance. The motion passed by a vote of 3-2, with Commissioners Chad Weddle and Debbie Zimmerman in opposition.
4. SKATEBOARD PARK DISCUSSION WITH INFORMATION FROM LGIT
Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, that due to the costs of implementing an insurable skateboard park and with the current funding and budget issues we face the issue be tabled to the future. The motion passed by a vote of 5-0.
Burgess Whitmore allowed supporters to comment. Tommy Morgan, of 212 Braeburn Drive, noted that with the insurance issues he wanted to insure that not only skateboarding, but biking also be considered and kept on the table for the future. He also noted that he has heard that local construction company Morgan Keller may be willing to donate to the construction of the park.
Daniel Keller, of Woodsboro, informed commissioners of the first aid and CPR classes offered at the high school. He noted that lots of kids at the high school are certified in first aid and CPR and could help supervise the park, as required by insurance. He also noted that Pit Crew in downtown Frederick may be willing to donate to the construction of the park.
A parent asked for a copy of the insurance requirements so was furnished the risk management module provided by the Local Government Insurance Pool.
5. REDUCTION OF LETTER OF CREDIT FOR ST. TIMOTHY’S CHURCH FOREST RESOURCE ORDINANCE
Ms. Rollins reviewed the request for a reduction in the letter of credit we are holding for Forest Resource Ordinance plantings for St. Timothy’s fellowship hall addition in the amount of $2,676. Frederick County inspector has recommended release.
Commissioner Chad Weddle made a motion, seconded by Commissioner Russell Winch, to release the whole letter of credit in the amount of $5,351 at the discretion of Planning and Zoning Administrator Susan Hauver. The motion passed by a vote of 4-1, with Commissioner Donald Schildt in opposition.
6. ACCOUNTS PAYABLE AND DECEMBER 2010 FINANCIAL STATEMENTS
Commissioner Chad Weddle made a motion, seconded by Commissioner Debbie Zimmerman, to approve the December 2010 financial statements and to pay the attached bills. The motion passed by a vote of 5-0.
7. COMMISSIONERS’ CONCERNS
Commissioner Donald Schildt requested commissioners’ permission to turn over management of the now defunct Walkersville Farmers’ Market. He has an interested person for managing the market at a new location outside of town limits, so if there are no objections…. There were none.
Commissioner Russell Winch made a motion, seconded by Commissioner Sam Eyler, to hold a closed personnel meeting. The motion passed by a vote of 3-2, with Commissioners Chad Weddle and Donald Schildt in opposition.
Burgess Whitmore announced that he would like to organize this year’s Veterans’ Day celebration in honor of John Schildt, a local, prominent historian. Commissioner Donald Schildt noted that Mark Summers, a World War II veteran, will be the speaker. Commissioners agreed to let Burgess Whitmore organize it.
8. CITIZENS’ QUESTIONS AND CONCERNS
George Rudy, 11 West Crum Road, discussed his research into the skateboard park. He has private land lined up, contacted businesses, HOAs, churches, the Red Cross, and the Walkersville Business and Professional Association. He hopes to gather more positive responses and in 4-6 weeks to invite participants to a meeting at the Red Cross building to set up a stand alone skateboard park.
Mr. Rudy notified commissioners of his involvement with Fort Detrick bio-tech facilities. He noted that there are major health and safety issues in the county, and the solution will come from the Federal level. He will turn over his discoveries to the proper authorities. He also noted the industry is taking care of itself with no regard for consequences.
Mr. Brian Hildebrand, 270 Maplewood Court, is the new president of the Walkersville Volunteer Fire Company. He thanked the town for all that we do and offered to hear any needs that the fire company could fulfill for the town.
9. POLICE REPORT
TFC Ardinger reviewed the police activity for the month of January 2011.
10. COMMISSIONERS’ CONCERNS
Burgess Whitmore reviewed a memo from staff regarding a report from the realtor for the Walker Farm. He had an investment company contact him regarding their interest in purchasing the entire farm, not just the house that is listed for sale. Staff told the realtor that any offer will be presented to the commissioners for their consideration.
There being no further business, the meeting adjourned at 8:20 p.m.
Respectfully submitted,
Gloria Long Rollins
Town Manager