MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

September 9, 2009

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, September 9, 2009, at 7:30 p.m. Those in attendance included 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 Ramona George, TFC Jim Ardinger, approximately 49 citizens, and an apparent photographer from an unidentified media source.

Burgess Whitmore was in Georgia visiting his new grandson.

The meeting was then called to order by Commissioner’s Vice-President Chad Weddle, with the Pledge of Allegiance.

1. MINUTES

2. ANNOUNCEMENT OF SIGNED SETTLEMENT AGREEMENT WITH TEABOW FARM

Commissioner Chad Weddle reviewed the history of the January 2008 manure contamination of the Town’s water source. In summary, the Settlement and Release Agreement between Teabow, Inc., the Burgess and Commissioners of Walkersville, MD, and the Board of County Commissioners of Frederick County, Maryland, is as follows: 1) the Town’s groundwater was contaminated in January 2008 by one or more releases of manure from Teabow’s operations, 2) the Town incurred costs to replace filters at its treatment facility to obtain and distribute an alternate supply of water, to install a temporary water line to obtain water, and to otherwise respond to the groundwater contamination, 3) the County incurred costs to assist the Town in the provision of an alternate supply of potable water and the installation of a temporary water line and has invoiced the Town for such costs in the amount of $271,595.97. Further, the parties desire to resolve their disputes as follows: Teabow will pay a total of $255,000, $55,644 payable to the Town of Walkersville and $199,356 payable to the Treasurer of the County. In consideration of the settlement payment, the Town and the County release and forever discharge Teabow and each other from all further actions on this matter.

Commissioner Weddle thanked the Town staff, Town attorneys, and Frederick County for all the work involved in addressing the crisis, insuring the health and safety of the town residents and water customers, and finally resolving the issue. He entertained questions from citizens at the conclusion of the announcement. George Rudy, 11 W. Crum Road, asked if the agreement includes conditions for remediation relative to Teabow’s operations. He stated he has photos of the cows standing in Glade Creek that he will provide at a later date. He also stated that the Town should notify citizens of a substitute chemical that we are using, that is, sodium hypochlorite instead of chlorine gas. He asked what are we really drinking? And noted that this will be addressed.

Commissioner Weddle addressed the first question of remediation, and noted that the farm is not within Town limits, therefore the Town has no jurisdiction, so those questions should be addressed to the County or State authorities, such as Maryland Department of the Environment.

Commissioner Russ Winch informed Mr. Rudy that sodium hypochlorite is a common substitute for chlorine that is widely used. He also noted that Mr. Rudy, familiar with the Town’s website, should review the Town’s water quality report posted there and note that the Town’s water meets or exceeds all Maryland state requirements.

3. ORDINANCE 2009-07 TO APPROPRIATE FUNDS FROM TOWN RESERVES

Commissioner Chad Weddle reviewed the proposed settlement terms for purchase of 224 acres of agricultural property at 8939 Woodsboro Pike. The proposed purchase price of obtaining the property acquiring fee simple title is $4,710,000. In order for the Town to purchase the property, the funds must be appropriated from the Town reserves.

A Public Hearing on the ordinance will be held at the September 23, 2009 town meeting.

4. DEBT POLICY

Ms. Rollins reviewed the recent legislation requiring that each jurisdiction adopt and submit a local debt policy to the Maryland State Treasurer by October 1, 2009. Commissioners reviewed the debt policy document draft.

The policy will be submitted to the Maryland State Treasurer as required by October 1.

5. HUNTING AT THE WATERSHED

Commissioner Russell Winch made a motion, seconded by Commissioner Donald Schildt, to allow hunting at the Walkersville watershed under the same rules and provisions as last year. The motion passed by a vote of 5-0.

6. ACCOUNTS PAYABLE

7. COMMISSIONERS’ CARES AND CONCERNS

Commissioner Debbie Zimmerman reported that the paving of the Heritage Farm Park Loop Road project is completed along with the reseeding of the area. Commissioner Russ Winch suggested that more directional arrows be painted on the road as some poor dumb souls still cannot comprehend that the loop STILL remains a one-way road, counterclockwise through the park. Next step will be the installation of the old drive-in movie type treadles to insure the proper flow of traffic in the park.

Commissioner Donald Schildt reminded us of the upcoming Veterans Day celebration to be held on Sunday, November 8, 2009 at 2:00 p.m. He noted plans for the essay contest should be started.

8. HOMECOMING PARADE

WHS letter asked for permission to close town streets for the annual Homecoming Parade on Thursday, October 22, 2009 at 5:00 p.m. come. Commissioner Russell Winch made a motion, seconded by Commissioner Debbie Zimmerman, to allow the parade and various street closures as the parade moves through town. Resident troopers will be notified to handle the closures. The motion passed by a vote of 5-0.

9. CITIZENS’ QUESTIONS AND CONCERNS

Mary Ann Brodie-Ennis, 118 Challedon Drive, expressed her appreciation to the Burgess, Commissioners, Board of Appeals, town staff, and others, including her husband, who worked on the Moxley property issues.

Betty Peterson, President of Harold W Peterson, Inc., 48 Main Street, stated that there are 4 or 5 vicious dogs in her neighbor’s yard at 50 Main Street. She said they are trying to rent their property but all interested renters take one look at the dogs and leave. She asked the commissioners to establish an ordinance to limit the number of dogs allowed on a property. Commissioner Weddle told her that the Frederick County Animal Control handles our animal problems and also our Code Enforcement officer can be contacted to look into it.

Diane Stull, 1 West PA Avenue, also complained about the dogs at 50 Main Street and the piles of junk, boats in the yard, huge amounts of fencing lying around. She stated the property is an eyesore and a health issue. Commissioner Weddle directed the citizens to obtain a log from Animal Control to document the barking dogs. Code Enforcement officer will be notified.

Jane Abrecht, 27 Maple Avenue, thanked all who stood up for our little town.

Ron Mallonee, 8 Wyndale Court, noted he is glad to see we are purchasing the property but would like to know the plans for it.

George Rudy, 11 W. Crum Road, notified commissioners that he has many issues to discuss and when his 3 minutes are up he will garner 3 more minutes from his wife’s presence. His first issue, election scheduler irregularities has been submitted to the Attorney General of Maryland and we will know by noon on Monday (Election Day, September 14^th). Next issue will be a formal open forum at the high school with an invitation to the "Fire folks" with discussions using "real" data. Next, Mr. Rudy thanked everyone who "played the game with the Ahmadiyya business". He said the settlement is an admission of wrong doing and asked why the taxpayers should bail out people who are admitting wrong doing. He has an option 2 that is handed to the commissioners tonight and he believes it should go to referendum.

Commissioner Schildt asked Mr. Rudy if he was going to apologize as previously requested, due to his accusation that the Burgess & Commissioners did not have the citizens of Walkersville’s safety at the top of their concerns. Mr. Rudy answered in the negative and commented that the Commissioners don’t know what public safety means.

Charles Nicodemus asked if there was an appraisal on the dwelling and if Mr. Moxley would be moving out. Commissioner Weddle answered that there is an old appraisal and a new one would be obtained prior to finalization of the agreement. He also noted that Mr. Moxley will be given ample time to organize his plans to move out as there are small children to consider.

Commissioner Weddle thanked the citizens for all their input.

Trooper Jim Ardinger reviewed the police report and stats for the month of August and noted that the Resident Troopers plan to expand the National Night Out activities for next year.

There was no further business so the meeting adjourned at 8:15p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager