MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

April 22, 2009

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, April 22, 2009, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Chad Weddle, Russell Winch, Donald Schildt, and Debbie Zimmerman, Town Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, Public Works Director Bob DePaola, TFC Ed Muller, and 17 citizens.

The meeting was then called to order with the Pledge of Allegiance.

1. MINUTES

2. FCPS AGREEMENT WITH TOWN RE: WINTERBROOK SINKHOLE

This item is postponed to the next meeting.

3. CMX ENGINEERING PROPOSAL

Ms. Rollins notified commissioners that the Memorandum of Understanding with Frederick County has been signed by both entities, allowing the Town to utilize engineers under contract with the county. The CMX proposal for engineering the permanent emergency water connection to the county facility is presented in two phases in the amounts of $120,767 and $61,523 respectively. Commissioner Russ Winch expressed his concern especially with the Phase 2 portion that would build a 12" main for possible provision of water to Walkersville. He noted the excellent work and proposal but felt it would provide a permanent, full service water line for Walkersville rather than the desired emergency line. Burgess Whitmore asked commissioners to consider whether they are willing to proceed with this project down the road.

4. CHAPTER 19 PROPOSED FOR THE TOWN CODE

Commissioner Winch asked for wording of §19-13 regarding fines and imprisonment or both. Commissioners will hear comments from the Code Enforcement Officer before agreeing to adopt this chapter. An ordinance will be prepared to make changes to all affected chapters. Commissioner Weddle will review the chapter to delete criminal infractions that the Town will not be enforcing as municipal infractions. He also noted some of the archaic language needs to be corrected/deleted.

Commissioner Eyler would like to see language added to punish citizens who blow snow back into the street. Lively discussion regarding this issue ensued.

5. CONSTANT YIELD TAX RATE AD DRAFT

Ms. Rollins reviewed the ad that will be placed as a requirement of adopting a tax rate other than the constant yield tax rate. The Town’s tax rate currently is 15.6¢ per $100 of assessed real property value. The State Department of Assessments has notified the Town that the constant yield tax rate is 14.4¢. If the Town keeps its current rate, a tax increase must be advertised. The Town is advertising a rate of 24¢ per $100 of assessed value.

6. RESULTS OF COUNTY/MUNICIPAL MEETING RE: TAX EQUITY

Burgess Whitmore announced that the County will likely reduce the Town’s tax equity funding by about $105,000 in response to the State cutting the municipal portion of Highway User Revenue given to the County.

7. CITIZENS’ QUESTIONS AND CONCERNS

Julia Layman, of 5 Georgetown Road, stated that she has put up a 6-foot fence and that she has received a letter from the Town’s Code Enforcement Officer that the fence is higher than 6-feet in places. She asked if she really has to have her contractor come and adjust for the overage. Commissioners directed her to speak directly with Andy Dewese, the Code Enforcement Officer.

Bob Sussman, Galaxy Control Systems, 3 N. Main Street, asked if the Town was going to repair the roadway and driveway entrance to the business. He said it was broken up during recent town work. Bob DePaola, Public Works Director, said the work was a result of a water main leak and that he would take care of getting the problem repaired.

Charles Combs, also representing Galaxy Control Systems, noted that the blacktop has been picked up in huge chunks and cracked up because it wasn’t cut right during the repairs. Bob DePaola arranged to meet him at 8 a.m. Thursday morning to review the complaint.

David Ennis, 118 Challedon Drive, representing Glade Towne HOA, informed commissioners that a letter would be sent to Allegheny Power in complaint of the torn up area in Glade Towne for several months.

8. DRAFT BUDGET DISCUSSIONS

Ms. Rollins previewed the draft budget discussion by informing commissioners that on direction from the Burgess the budget has been prepared in the same conservative method and rationale as in previous years fiscal planning. She reviewed the assessable base for real estate taxes and discussed various tax rates. Personal property taxes and income taxes were averaged over the last 3 years and then further reduced due to economic conditions. Franchise fees should increase due to Comcast revenues and the Town’s percentage. Highway user revenues have been reduced multiple times over the past 3 years and even further cuts are expected pending the State pass through cuts to the County this year. Program Open Space paving of the Loop Road will most likely occur in FY 2010. Tax equity is included at $470,000, although until the Frederick County budget is balanced we won’t know what the number will be. Interest investment income is yielding about ½%, way down from past years. Ms. Rollins noted that approximately $710,000 will be transferred from savings to complete capital projects listed later in the budget. She noted that many of the expense categories are budgeted in the same amount as last year as they appear to be sufficient. Salaries in office, maintenance, and planning include a 5% increase as the traditional budgeting amount for raises. A part time office assistant and an additional maintenance technician position are included in the projection of salary expense. The police contract is $455,197. She went over various increases and decreases in significant amounts in various categories. Burgess Whitmore asked that the $105,000 projected loss from Frederick County be included in further discussions and the shortfall be considered. Commissioner Schildt noted that the $3,000 library donation and the CASS office located free of charge in the Heritage Farm Manor house should be considered in light of the County cutting Town funds.

In reviewing the Water Fund it was noted that interest income is down, transfer from surplus was down as not as much was needed to balance the budget. Legal fees budget was reduced, as hopefully the Water Fund legal issues will be settled by next year. Water salaries included a 5% increase. Distribution maintenance and Chemicals category will need to be evaluated by Ms. Rollins and Mr. DePaola before finalization. Health insurance increased 19%. The $183,000 engineering expenses for the emergency water line will be removed as that project was not approved to go forward. Transfer from surplus will be reduced by the same amount.

Burgess Whitmore asked commissioners to consider replacing water mains on Frederick Street. Commissioner Eyler agreed this needs to be done.

9. REDUCTION OF LOC – SUN MEADOW, PHASE 6 PUBLIC IMPROVEMENTS

Frederick County inspectors have signed off on part of the sediment control letter of credit held for improvements in Sun Meadow Phase 6. Inspection was completed on April 6, 2009 and one-half of the funds can be released.

10. DESERT STORM MONUMENT

Commissioner Don Schildt noted that no feedback has been received to date regarding ideas for the Desert Storm monument to be placed at Memorial Park. He suggested designing placement so that a monument for the Desert Storm and Iraq/Afghanistan Conflicts can be placed symmetrically. Commissioner Russ Winch suggested moving the current benches so that they face the memorials for observation and that will leave room for the memorials to be placed symmetrically.

11. VICTORIA PARK CROSSWALK

Commissioners agreed that when the Exxon property is developed, plans for the crosswalk to Victoria Park will be implemented at that time.

12. VICTORIA PARK GRAND OPENING

Victoria Park will hold a Grand Opening on Thursday, June 4, 2009, at 11:30 a.m. They would like a Burgess or Commissioner to speak for about 5 minutes during the ceremony.

13. ACCOUNTS PAYABLE AND FEBRUARY FINANCIAL STATEMENTS

14. COMMISSIONERS’ CONCERNS

Burgess Whitmore asked commissioners to consider a recalculated water bill for a citizen whose leak was out of control before discovery. Per Town policy a citizen is allowed one recalculation to the industrial water rate per lifetime.

Commissioner Russ Winch notified commissioners that Troop 1070 would be holding a Show and Tell for firearms in the Boy Scout bay area next Wednesday, April 29^th. The firearms will not be loaded and TFC Ramona George will be present.

Ms. Rollins asked commissioners to let Diane Fauble know of any other items to add to the "Talk of the Town" newsletter insert to be mailed with the water bills next week.

Ms. Rollins asked commissioners to consider the status of the $500K loan allotted by MDE to the Town for the emergency water line. Burgess Whitmore reiterated that since the Town has postponed this project indefinitely the loan would not be accepted.

Ms. Rollins reviewed commissioners’ decision to abandon an old town water line on the Barrick property. Legal paperwork will be completed by Town Attorney David Severn, with fees to be reimbursed to the Town by Mr. Barrick.

15. CITIZENS’ QUESTIONS AND CONCERNS

Kevin Folk, Winterbrook Homeowners, asked if the Town had received plans for the sinkhole repair. The Town has received and is awaiting paperwork from the Board of Education for permission to enter the school grounds to approach the gaping sinkhole and have Winterbrook’s contractor repair it.

John Poole, of no fixed address, said he would like to see a little more efficiency in the posting of the Town minutes on the website. Burgess Whitmore explained that the ever overburdened Ms. Rollins would soon be receiving some help on maintaining the website. Mr. Poole stated that the most recent minutes are from March. Commissioners explained that the April 8 minutes, freshly approved at this evening’s meeting are now eligible for posting on the website, so in fact, the minutes on the website were totally up to date.

There was no further business so the meeting adjourned at 9:00 p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager