MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

April 23, 2008

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, April 23, 2008, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Donald Schildt, Chad Weddle, and Russell Winch, Town Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, Public Works Director Bob DePaola, 13 citizens, 1 press, Sarah Fortney of the Frederick News-Post.

Commissioner Zimmerman was not able to make the meeting.

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

1. MINUTES

2. CITIZENS’ QUESTIONS AND CONCERNS

None mentioned.

3. SUN MEADOW PHASE 1 & 2 RELEASE LETTERS OF CREDIT FOR FORESTATION

Ms. Hauver reported that Frank Smerbeck, developer of Sun Meadow Phase 1 and 2, requested release of the Forestation Resource Ordinance letters of credit in the amount of $64,600 for each phase. She noted that there had been some difficulties in that many of the residents had moved into their homes and refused the trees that were planned to be planted on their properties. The Town took the plantings to an alternate site and the Frederick County inspectors have signed off that the requirements have been met. Ms. Hauver recommended approval of the release of the letters of credit.

4. DECISION ON REVERTER CLAUSE IN DEED FOR LIBRARY PROPERTY

Ms. Rollins read the following clause from Ordinance 2008-03, as follows: "Section II: The Deed of Conveyance conveying the Library Site shall contain a "reverter clause", ensuring that the Library Site shall revert back to the Town at such time as the Library Site is no longer used for a public library." She further read the clause from the deed transferring the site to Frederick County, "PROVIDED, HOWEVER, that in the event the lot or parcel hereby conveyed is no longer utilized for a public library by Grantee, fee simple title to such lot or parcel of land shall revert to and become the property of the Burgess and Commissioners of Walkersville, MD., its successors and assigns, Grantor." Frederick County Commissioner John Thompson had asked for Ms. Rollins to ascertain the position of the Burgess and Commissioners on the inclusion of this language in the transferring documents. Apparently the County attorneys want to delete this from the documents. Burgess Whitmore stated that he has made it clear that this will be a "deal buster" and he does not want this taken out in any way, shape, or form.

5. APPOINTMENT TO ETHICS COMMITTEE

Ms. Rollins presented Ms. Clara Winch, who responded to our need with a willingness to serve the Town as a member of the Ethics Committee.

6. PRELIMINARY DISCUSSION OF DRAFT BUDGETS FOR FY 2009 GENERAL FUND AND WATER FUND

Ms. Rollins presented the very preliminary draft budget numbers for FY2009. Starting with the General Fund budget she noted that many items were similar, stable, and holding steady. A cut of $ 5,003 was projected in the Highway User Revenue, consistent with cuts as in previous years. Commissioner Winch suggested that costs associated with Planning and Zoning should be reviewed closely as they are certain to increase in the future. Ms. Rollins noted that she had projected a substantial increase in legal fees, all associated with Planning and Zoning. Commissioner Winch asked that a substantial increase in Utilities costs be anticipated. Ms. Rollins will present firmer numbers for budget introduction at the May 14^th, 2008 town meeting and a public hearing and adoption of the budget is scheduled for May 28^th, 2008. The budget must be adopted 30 days prior to the end of the current fiscal year. Commissioner Schildt asked that the budget for insurance costs be reviewed for adequacy. Ms. Rollins noted that LGIT had already given a preliminary projection of increases/decreases. Ms. Rollins notified commissioners of her search for new health insurance. Several brokers will be providing proposals to relieve employees of the United Healthcare nightmares. She will have a recommendation for a change and the costs associated with a new plan for the proposed budget on May 14, 2008. Ms. Rollins also noted that several requests for capital projects had been received after this budget had been distributed, so capital projects will be presented in more detail at the next meeting.

In regards to the Water Fund budget, many categories remained stable. Ms. Rollins noted that interest rates are dropping so investment revenues projections have been decreased. In addition, legal fees budget, as a result of the manure spill, have been substantially expanded. This does not include the requested increase in hourly fees, which will be discussed in a closed legal meeting following. Commissioner Winch asked for details in the Chemicals category as it is decreasing in budget and actual costs. Ms. Rollins explained the change from chlorine gas to sodium hypochlorite for the water plant, while improving safety for the water operators, is also expected to be slightly more economical. The town has not experienced any significant savings from the change. Commissioner Eyler asked if the proposed emergency water line to connect to county water was showing. Burgess Whitmore noted that the project would not take place until the FY2010 budget. Ms. Rollins will put "Design Costs for the Emergency Water Line" in this year’s budget.

Commissioner Winch noted that there are plenty of projects in the parks that he would like to see.

Commissioner Weddle asked what the -$457 on the Farmers’ market actual. This was rental funds from the farmers participating in the market. This money can be used for promoting and advertising the market.

Burgess Whitmore noted that he had frozen some of this year’s capital projects based on the economy and the unknown State and County funding sources. He recommended that we proceed with the Hahn Circle and William Street repaving and go out for bid and see what kind of prices we get. There was no opposition from the commissioners.

7. CONSTANT YIELD ADVERTISEMENT

Burgess Whitmore asked commissioners what rate they wanted to advertise per the constant yield advertising requirements. Commissioner Weddle recommended that we advertise a tax rate 2¢ higher than the current rate of 15.6¢ per $100 of assessed value. He noted that the town has taken a big hit in legal expenses at the call of the citizenry and a rate of 17.6¢ would still be the lowest rate for a municipality of our size.

8. ACCOUNTS PAYABLE

9. COMMISSIONERS’ CONCERNS

Commissioner Schildt asked if a tap fee increase should be considered. He asked staff to obtain a copy of the Taneytown resolution to make English the official language of the Town, as is being considered at the Frederick County level. He would like the commissioners to ponder on this.

Commissioner Winch announced that Jessica Elizabeth Jeffrey is receiving the Girl Scout Gold Award and that this is a great achievement that a very small percentage of scouts achieve and he offered his congratulations.

Commissioners considered a letter requesting a donation for Mary Rice to travel out west for a Global Outreach trip. They noted that while it is a very worthy cause as are many of the requests that they receive, they fear that starting this precedent will result in many, many requests, and all cannot be met. They therefore declined to donate.

Ms. Hauver went over the resolution in the packets which is the written form of the resolution they adopted at the last meeting. Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to sign Resolution 2008-02, an amendment to the comprehensive plan to add institutional zoning district. The motion passed by a vote of 4-0.

Bob DePaola notified commissioners that he had found jersey barrier prices, per their request, at $85 a piece. He said that 25 are needed and with the cost of delivery, the total should be about $2,500. Commissioner Don Schildt made a motion, seconded by Commissioner Chad Weddle, to purchase the jersey barriers at a cost of $2,500 and place them along the mulch pile to prevent the knuckleheads from continually expanding the mulch pile onto the lacrosse parking area. The motion passed by a vote of 4-0.

10. CITIZENS’ QUESTIONS AND CONCERNS

Ron Mallonee of 8 Wyndale Court asked what had been done in response to his recommendation that the resident troopers monitor Rt. 194 for truckers utilizing illegal jake brakes and causing an extreme commotion. He wanted to encourage troopers to enforce that regulation and get the trucks off the road. He would also like them to enforce the speed limit on 194 as that causes lots of noise also. Burgess Whitmore informed him that we were in contact with the State Highway Administration requesting a meeting to discuss multiple issues with Rt. 194, including traffic light issues at Crum Road and Rt. 194, traffic control at Sandstone Drive, relocation of Sandstone to Glade Blvd. intersection, deceleration lane into Safeway from 194, and truck jake brake issues. SHA responded to the letter saying they will be studying the issues and will get back to the Town to discuss. Banter back and forth regarding methods and equipment needed to accomplish Mr. Mallonee’s requests and the resident trooper expertise on the jake brake. Enforcement questions abounded. Commissioner Winch discussed the legality and profiling issues associated with the enforcement. He would prefer to have our officer resources spend their time on issues in the town rather than trying to enforce a State noise law on a highway that we have no jurisdiction over. Burgess Whitmore suggested that some of the state police scale officers come up and monitor the area from time to time and patrol more on Rt. 194.

Mr. Mallonee asked that his street, Wyndale Court, be considered for resurfacing as he has lived there for 32 years and it has never been repaved.

Chris Lewis, 125 Polaris Drive in Sun Meadow, expressed his concerns about the proposed new library site and its proximity to his property. He asked that larger set backs be established so that the library does not sit 8 feet from his house. He was encouraged to attend Planning Commission meetings and express his concerns prior to approvals being issued for the final site plan.

There was no further business so the meeting adjourned at 8:35 p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager