MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

September 29, 2010

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, September 29, 2010, 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, approximately 32 citizens, including a pack of Boy Scouts, Blair Ames of the Frederick News-Post and Courtney Pomeroy of the Gazette.

The meeting was called to order by Burgess Ralph Whitmore, with the Pledge of Allegiance.

Commissioner Weddle offered a prayer to open the meeting.

1. MINUTES

2. CITIZENS’ QUESTIONS AND CONCERNS

Mr. Tim Beall, a math teacher from Walkersville High School, requested approval for the annual Homecoming parade, to be held October 15, 2010 at 5:00 p.m. using the same route as previous years.

3. LETTER OF CREDIT – VICTORIA PARK –REQUEST FOR RELEASE

Frederick County notified the Town that the letter of credit in the amount of $107,695.01 held for the stormwater management pond at Victoria Park could be released. Mr. DePaola reported that the issues with standing water in the pond have been resolved and concurred with releasing the funds as requested by the developer. Ms. Hauver recommended reducing the letter of credit by $71,796.67 and holding the contingency amount of $35,898.34 for a one-year warranty period.

4. UPDATE ON STATUS OF COMPREHENSIVE PLAN

Ms. Hauver reported that the draft of the comprehensive plan is complete and the documents are at the printers. It will be scheduled for public hearing before the Planning Commission on December 14^th, and then for public hearing before the Burgess and Commissioners mid-February.

5. LOCAL STATE SHARED REVENUE RESOLUTION

Ms. Rollins reminded commissioners that MML is pushing for all municipalities to band together and appeal to the legislature to reinstate all the cut municipal funding for State Highway User fees and Police Protection funds. They have sent a packet of information for approaching the representatives and introducing a resolution. Commissioner Weddle noted that there is an election coming up and it would make more sense to wait and deal with the officials that are elected in November. He recommends dealing with this issue in December.

6. REPLACEMENT CELLS FOR HYPOCHLORITE GENERATOR

Mr. DePaola received a quote from Kershner Environmental Technologies, LLC on replacing the two T-12 cells for the hypochlorite generator and 2 temperature/level switches in the amount of $8,396.44. The system has been in operation for 6 ½ years and it is now time to replace the cells as budgeted in this year’s budget.

7. AWARD WALKER FARM LAND LEASE

Prior to this discussion, Commissioner Debbie Zimmerman recused herself and left the dais, as her family farm was two of the bidders on the Walker Farm land lease.

Burgess Whitmore reviewed the 12 bids received and noted for the commissioners that the high bidder was Matthew Toms @$160 per acre for the calendar year of 2011. References have been reviewed on Mr. Toms and determined that he is reputable and capable of implementing the lease requirements.

8. AWARD ROAD PAVING/OVERLAY PROJECT

Burgess Whitmore reviewed the list of 9 bidders on the street patch and overlay contract to repair Glade Blvd., Deer Run Drive, and the intersection of George and William Street. The low bidder, F.O. Day, in the amount of $125,640, received stellar recommendations for their road work for Frederick County and the State of Maryland.

9. FLAGS FOR VETERANS’ DAY

Commissioner Donald Schildt found the supply of 200 flags on his meeting room chair, which assuaged his concerns regarding the receipt of the flags in time for the Veterans’ Day festivities. He reported that the program is in process, and he is planning to have 3 World War II veterans as speakers for the event.

10. STATE POLICE REQUEST TO KEEP $11,955 UNDERUSE OF CONTRACT – DISCUSSION OF FY2012 CONTRACT

Ms. Rollins reported on a meeting with Burgess Whitmore and the Maryland State Police. A review was done of last year’s contract expenses and the total contract expenses were not utilized in the amount of $11,955. The representatives asked that the unused amount revert to the State Police to offset a retirement underfunded amount. Ms. Rollins reminded commissioners that the upcoming FY2012 contract will likely increase and that the current indirect expense rate over and above the contract costs is 25.47%. Any consideration of not renewing the contract will have to be decided by December 31^st in order to give the required 6-month notice.

11. ACCOUNTS PAYABLE AND JUNE FINANCIAL STATEMENTS

12. COMMISSIONERS’ CONCERNS

Commissioner Donald Schildt would like the information from Arcadia Publishing to be forwarded to the Nicodemuses and the town to hopefully proceed with the publishing of a book on town history.

Commissioner Russell Winch noted that the light at Rt. 194 is working much better.

Commissioner Debbie Zimmerman reminded everyone of the Community Show and dinner and cake sale on Friday night.

13. ANNEXATION AGREEMENT FOR CENTURY CENTER

Representatives for Century Center, LLC, Attorney Krista McGowan, Jim Fitzgerald, and Chris Smariga, along with Susan Hauver and Town Attorney David Severn, reviewed details of the multiple revisions of the drafted annexation agreement. Mr. Fitzgerald stated he was in agreement with the version of the document received at 5:45 p.m. this evening.

Attorney David Severn reminded commissioners of the 45 day referendum period before the resolution becomes effective. Burgess Whitmore and Mr. Fitzgerald both signed the agreement dated September 29^th in the presence of God and the audience. The resolution becomes effective November 13, 2010.

There being no further business, the meeting adjourned at 8:17 p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager