MINUTES
WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING
February 13, 2008
The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, February 13, 2008, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Donald Schildt, Chad Weddle, and Debbie Zimmerman, Town Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, Public Works Director Bob DePaola, Resident Trooper TFC Ed Muller, 16 citizens, and 1 press, Gina Gallucci of the Frederick News-Post.
The meeting was called to order with the Pledge of Allegiance.
1. MINUTES
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Sam Eyler, to approve the Town meeting minutes of January 23, 2008. The motion passed by a vote of 4-0.
2. ORDINANCE 2008-01
Ordinance 2008-01, which was introduced verbally at the January 23, 2008 town meeting, was distributed to the commissioners in written form. The ordinance deletes Public and private educational facilities, Places of worship, Community services, public utilities and other public facilities, Private clubs, Recreational facilities, and Antique shops from §88-24.3 Special Exception Uses in the Agriculture District.
3. PROCLAMATION 2008-01 COMMUNITY MARRIAGE WEEK
Commissioners proclaimed the week of February 9th through 16th as "Community Marriage Week".
4. CITIZENS’ QUESTIONS AND CONCERNS
Victor Hoffman, of 80 Sherwood Drive, expressed his concern regarding a petition request for 24/7 police protection referendum vote. He requested that before commissioners consider going to round the clock police protection that they first obtain the following information: cost and cost/benefit analysis, review of crime statistics and their increase, review of gang related crime and increase. He requested that the petition be turned down, that it shouldn’t be placed in front of town voters until the detailed information is obtained. Burgess Whitmore explained that extensive study would be completed prior to a decision for 24/7 police protection and that the question is not eligible for a referendum.
Russell Winch, GVAA Baseball Director of Operations invited the Burgess and Commissioners to attend the 2008 Opening Day activities on April 5th at 9:00 a.m.
5. REQUEST FOR REDUCTION OF LETTER OF CREDIT, SUN MEADOW PHASE 1 AND 2
Ms. Hauver reviewed letters of credit for public improvements for Sun Meadow Phases 1 and 2. The public improvements were completed, the warranty period is complete, and the list of issues requiring resolution has been resolved. Further information is needed before the forestation improvements letter of credit can be considered for release.
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Chad Weddle, to release Letter of Credit No. 20009S in the amount of $395,483 and Letter of Credit No. 20275S in the amount of $1,267,096 for Sun Meadow Phase I infrastructure improvements. The motion passed by a vote of 4-0.
6. REQUEST FOR REDUCTION OF LETTER OF CREDIT, SUN MEADOW PHASE 4
Ms. Hauver reviewed the K. Hovnanian Homes request to reduce funds on their letter of Credit for Sun Meadow Phase 4. The amount remaining on the letter of credit is $791,341.09, with $238,363.62 for sediment and erosion control and $552,977.47 contingency. Staff recommends reducing the letter of credit by $238,363.62 and holding all contingency funds until the one year warranty period is over on 11/13/2008.
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Sam Eyler, to release Letter of Credit No. 3075328 in the amount of $238,363.62 for Sun Meadow Phase 4 sediment and erosion control. The motion passed by a vote of 4-0.
7. LONZA BUILDING 100 E LEGAL DOCUMENTS
Ms. Hauver presented the legal documents associated with the construction of a building addition to the rear of the Lonza facility. The Standard Public Works Agreement for Sediment and Erosion Control and Stormwater Management and Roads/Utilities and the Forest Improvements Agreement and the Forest Resource Deed of Easement/Maintenance Covenants and Agreement are being reviewed by the Town Attorney. The applicant plans to place funds in escrow as a guarantee of the improvements.
Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to approve the legal documents associated with the construction of the Lonza Building 100E addition, pending approval by the Town Attorney. The motion passed by a vote of 4-0.
8. RESOLUTION 2008-01 SUPPORT FOR WASTE TO ENERGY FACILITY
Commissioners voted at their January 23, 2008 town meeting to support Frederick County’s exploration of a Waste to Energy Facility. The Resolution was presented in its written form for signature by the Burgess and Commissioners.
9. DISCUSS POSSIBILITY OF PERMANENT CONNECTION FOR ALTERNATE EMERGENCY WATER SUPPLY
Burgess Whitmore reported on his discussion with Mike Marschner regarding consideration of a permanent connection to the Frederick County water supply at Waterside. He noted that this will be a costly procedure but would insure that should another contamination occur to the town’s wells a simple turning of a valve would remedy. He wants to contact our elected officials and check the availability of grants for this situation. Mike Marschner has offered to prepare an estimated cost for the project. Easements will need to be obtained pursuant to the construction. Burgess Whitmore noted that all other capital projects will be put on hold at this time, until this issue is decided.
10. ACCOUNTS PAYABLE
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Don Schildt, to pay the attached bills. The motion passed by a vote of 4-0.
11. COMMISSIONERS’ CONCERNS
Commissioner Don Schildt suggested that instead of holding a Memorial Day Remembrance, the Town move the remembrance to Veterans Day in November. This would allow all interested parties to attend the Woodsboro parade and ceremonies.
Commissioner Schildt also noted that he is still receiving complaints regarding the junk vehicles on the lot on George Street and the untagged vehicle at Marsala’s Restaurant. He noted that although a fence has been constructed to hide the car, everyone still knows it is there. Burgess Whitmore stated that town code would have to be amended to handle this, along with a code enforcement officer.
Commissioner Chad Weddle thanked Walkersville Volunteer Fire and Ambulance companies, their chiefs Matt Staley and Topper Cramer and their volunteers for distributing the boil water advisory on Sunday and distributing the Residential Flushing procedures on Saturday, for allowing the tanker truck that the County provided to be staged in the Fire Company facility, thanks to Mike Marschner and his staff for all their assistance and guidance throughout and for providing the tanker truck, Mark Sweitzer and Frederick County lab staff for all the sampling and water testing procedures, Wal-Mart for their generous donation of 6,000 gallons of bottled water making the situation more bearable by being able to hand out water to citizens, all the commissioners who helped and handed out flyers and water, Robin Santangelo, for all the help with press releases and media notices, all the town staff dealing with the water situation on top of water main breaks, Bob DePaola, Dave Bussard, Rick Zimmerman, Rick Stup, Marty Wolfe, all office staff for phones and administrative issues, thanks especially to citizens who were patient and considerate, the town was a victim in the situation and did not cause the situation, and the board will do what it can to make sure this doesn’t happen again. The main priority was to provide water to the citizens and get off the boil water advisory.
Ms. Rollins asked commissioners to sign individual letters to be placed in military gift boxes that will be sent to servicemen and women from the town’s military gift committee.
Commissioner Weddle thanked the members of the Board of Appeals for their careful and long deliberations, Susan Hauver and the town office staff, and the resident troopers for all their hard work and late nights during the Board of Appeals hearing and deliberation nights.
Burgess Whitmore also noted that during the water situation and the hearings time period, one of the office staff suffered a death in the family leaving the staff short in coverage.
Commissioner Don Schildt made a motion, seconded by Commissioner Sam Eyler, to hold a closed meeting under §10-508(a)(7) to consult with counsel regarding the recent town water contamination and under §10-508(a)(1)(B) to discuss a personnel matter that affect one or more specific individuals in regards to the Maryland State Police resident troopers. The motion passed by a vote of 4-0.
TFC Ed Muller presented the January 2008 police statistics for the Town. He noted there were 2 destructions of property, 5 thefts, 1 assault, 1 attempted suicide, 1 fraud, 2 runaways, a deceased person, and a sex offense. He also reported that TFC Ramona George had participated in the Polar Bear Plunge and raised approximately $1,000 and that he, TFC Muller, had been a part of the Presidential motorcade when President Bush visited Frederick County earlier in the month. He also noted that TFC Ardinger helped to hand out bottled water during the water crisis. TFC Muller also reported traffic stats: 22 citations, 64 warnings, 6 repair orders, 1 accident charged, and 5 minor accidents. He also assured citizens that they are already receiving 24/7 police coverage in that when a resident trooper is not on duty, the Frederick barrack sends another trooper on calls in Walkersville. He also noted that at this time he doesn’t’ know if illegal immigrants are an issue within the town, in response to Commissioner Schildt’s question.
Ronnie Layman, Boy Scout leader in charge of operations at the watershed, proposed some additional logging be done at the watershed. He has an estimate of $80K for the removal of some downed and diseased trees and lumber from the property. Burgess Whitmore noted that the bid process would need to be followed for that amount of income. Staff will contact Michael Kay for advice on following the town’s forestry plan and the bid process.
Burgess Whitmore thanked everyone for the last month’s work with the Board of Appeals and the town’s water situation.
The meeting adjourned at 8:10 p.m.
Respectfully submitted,
Gloria Long Rollins
Town Manager