MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

August 26, 2009

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, August 26, 2009, 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, Planning and Zoning Administrator Susan Hauver, Public Works Director Bob DePaola, TFC Ed Muller, 21 citizens, and Ron Cassie of the Frederick News-Post.

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

1. MINUTES

2. ANNOUNCEMENT OF CLOSED LEGAL MEETINGS HELD

Commissioner Chad Weddle read the following statements for the record:

The Burgess and Commissioners met in closed session on Monday, August 24, 2009 at 6:00 p.m. at a duly advertised meeting under §10-508(a)(7) and (8), to consult with counsel to obtain legal advice on a legal matter and to consult with staff, consultants, or other individuals about pending or potential litigation in connection with Moxley, et al. v. the Town of Walkersville, et al, Civil Case No. RDB-08-1763 in the United States District Court, District of Maryland, court-ordered mediation and settlement conferences.

The Burgess and Commissioners met in closed session on Wednesday, August 26, 2009 at 6:00 p.m. at a duly advertised meeting under §10-508(a)(7) and (8), to consult with counsel to obtain legal advice on a legal matter and to consult with staff, consultants, or other individuals about pending or potential litigation in connection with Moxley, et al. v. the Town of Walkersville, et al, Civil Case No. RDB-08-1763 in the United States District Court, District of Maryland, court-ordered mediation and settlement conferences.

3. DR. JAMES E. STONER PASSING

Burgess Whitmore announced the passing of local beloved Dr. Stoner on August 20, 2009 at the age of 91. For almost 50 years Dr. Stoner served as physician to many in the community, including delivering a bouncing baby Commissioner Zimmerman. He served for 30 years on the Walkersville Planning Commission and will be sorely missed. Several folks at the meeting reminisced about Dr. Stoner.

4. RESOLUTION 2009-02 HONORING THE SERVICE OF RICHARD A. WINN

Commissioner Chad Weddle read Resolution 2009-02 to honor the 20 years of service that Richard Winn gave to the Town. He served as Burgess for 4 years, Commissioner for 4 years and as a Special Projects administrator for 12 years. Mr. Winn’s 3 daughters were present to receive the resolution as commissioners and staff reminisced about Richard being a teacher at Walkersville High School and his antics as a coworker at Town hall. Burgess Whitmore displayed the new street sign "RICHARD WINN LANE", which will be placed on the soon to be constructed connecting lane from Fountain Rock Road to Stauffer Court behind the Sheetz.

5. CITIZENS’ QUESTIONS AND CONCERNS

George Rudy, 11 West Crum Road, thanked the commissioners for giving him the game plan for the next few weeks. He stated that at the last town meeting he was given the opportunity to shut up, leave town, or run for office, and he chose the latter. He pointed out that his certificate of candidacy was notarized on July 15^th so the events of the last meeting had no relevance. He announced that a debate will be held, possibly at Walkersville High School or one of 4 locations, between the candidates for Burgess. He announced that Katherine Heerbrandt will moderate and take questions from the public to ask the candidates. Burgess Whitmore noted that he will be heading out to Georgia to meet his newly born grandson and will return on September 13, the day before the election, so he will not be able to debate Mr. Rudy.

Robert Club, owner of 1 and 3 Frederick Street, notified the town commissioners that he has evicted a child molester from his property.

6. DEBT POLICY

The Maryland State Treasurer notified the Town of two requirements resulting from the recent enactment of Chapter 693 of the Laws of 2009. Each local government shall adopt a local debt policy by October 1, 2009 and submit a Report on variable rate debt, Interest rate exchange agreements or swaps, and other derivatives including futures and options. Ms. Rollins notified commissioners that she will be working on a policy for their approval.

7. AUDIT LETTER FROM SMITH, ELLIOTT, KEARNS & COMPANY

Ms. Rollins notified commissioners that the letter has not yet been received.

8. DISCUSSION OF FORESTRY PROJECT

Staff report from Martha Bush indicated the invitation to bid for the purchase, harvest and salvage cutting of 408 marked trees at the watershed on Chestnut Grove Road resulted in no offers. Prospective bidders indicated the market for lumber is down at the present time. Very detailed and valuable information has been gathered by the consultant forester and will be relevant for years to come. Staff recommends it may be to the Town’s advantage to put the project on hold until the market for timber improves.

9. SENIOR CITIZEN DISCUSSION

Staff report from Diane Fauble notified commissioners that beginning September 1, the senior citizens will be meeting on Tuesdays and Thursdays. Questions regarding meal prices, food providers, and town responsibilities still need to be addressed. Burgess Whitmore and Commissioner Weddle will attend the senior citizens’ meeting in the next few weeks to discuss.

10. ACCOUNTS PAYABLE

11. COMMISSIONERS’ CONCERNS

REMINDER – TOWN ELECTIONS WILL BE HELD ON MONDAY, SEPTEMBER 14^TH, 2009. APPLICATIONS FOR ABSENTEE BALLOTS NEED TO BE RECEIVED BY SEPTEMBER 8, 2009 DURING TOWN OFFICE HOURS.

Commissioner Donald Schildt stated that he did not appreciate being accused of not having the citizens’ best interests and safety in mind. He would like an apology from Mr. Rudy.

Commissioner Russ Winch congratulated Commissioner Debbie Zimmerman and the Parks and Recreation Committee on the beautiful work that has been done at Heritage Farm Park with the loop road paving.

Ms. Rollins noted that today, August 26^th is the 89^th anniversary of the certification of the ratification of the 19^th Amendment to the U.S. Constitution which finally guaranteed American women the right to vote, changing the face of the American electorate forever.

TFC Ed Muller presented his proposal for improvements to the Five Points intersection at Main and Liberty Streets. He is proposing no parking alongside the house at Main and Liberty, moving the stop lines up closer to the intersection so that all vehicles can be visible to each other. This item will be placed on a future town meeting agenda and adjacent property owners will be notified of the discussion.

12. CITIZENS’ QUESTIONS AND CONCERNS

Vaughn Zimmerman, Fire Company Board Member, Austin Schroyer, Fire Company President, and Matthew Staley, Fire Company Chief, presented a letter to be entered into the record that documented the official response times for the Walkersville Fire Company when they responded to calls at Victoria Park on July 23, 2009. The information was presented in response to a memorandum and Letter to the Editor generated by George Rudy. Request was made of Mr. Rudy to either correct his submission or withdraw it altogether and apologize to the parties inaccurately accused.

George Rudy, 11 W. Crum Road, announced that he would take the request for an apology under advisement. He thanked town staff for responding to his Public Information Request regarding the wireless telecommunications providers located on the Crum Road water tower. He noted that he has completed a comprehensive review of the files with significant findings. He has notified the Environmental Crimes Unit of the Maryland Department of the Environment and awaits the decisions of professionals.

There was no further business so the meeting adjourned at 8:25p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager