MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

October 12, 2011

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, October 12, 2011, 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, Code Enforcement Officer Andy Dewese, Josh Bokee of Comcast, and 7 citizens.

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

Commissioner Chad Weddle offered a prayer thanking God for all His blessings and remembering the National Fallen Firefighters Memorial and all the ambulance and fire company volunteers and their families.

1. MINUTES

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Russell Winch, to approve both the Town Meeting minutes and Closed Personnel meeting minutes of September 28, 2011 with a correction. The motion passed by a vote of 5-0.

2. PUBLIC HEARING ON CABLE FRANCHISE AGREEMENT

There were no public comments on the Comcast Cable Franchise Agreement. Mr. Josh Bokee, representing Comcast, was available for questions. He noted there was an addition of Cable Channel 99 information to the agreement, and the correction to 5% for the revenue calculation.

Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to approve the Comcast Cable Franchise Agreement. The motion passed by a vote of 5-0.

3. RESOLUTION 2011-06 – SALE OF WALKER FARM

Burgess Whitmore reviewed the subdivision plat for the sale of 24 acres on the Walker Farm. The plat includes the original House Tract of 14.4 acres plus an additional 9.6 acres that straightens the property lines and allows a buffer around the original parcel. Resolution 2011-06, prepared by the Town Attorney, declares the parcel described no longer needed for any public use and a benefit to the citizens that the property be sold.

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Russell Winch, to pass Resolution 2011-06 to sell the new 24 acres parcel from the Walker Farm. The motion passed by a vote of 5-0.

4. REVISED MEMORANDUM OF UNDERSTANDING WITH FREDERICK COUNTY FOR MULCH PILE CONTINUED OPERATIONS

Ms. Rollins noted that the commissioners had the revised version of the agreement in their packets. This was revised by Burgess Whitmore after the meeting with Frederick County Commissioner Blaine Young, County Manager David Dunn, and Mike Marschner. Mr. Dunn responded with one revision, deleting #9, of Article III Town Responsibilities, that states "The County is responsible for any and all costs associated for damages related to the existence of Unacceptable Materials or for unprocessible materials at the Site." He proposes deleting #9 and leaving the matter for resolution by our insurance companies.

Commissioner Donald Schildt made a motion, seconded by Commissioner Russell Winch, to accept the revised agreement with Frederick County adding joint responsibility for damages to equipment due to unacceptable or unprocessible materials and insuring a 30-day notice period for termination of the agreement. The motion FAILED by a vote of 0-5, with ALL Commissioners in opposition.

Burgess Whitmore and Ms. Rollins were directed to continue negotiations with the County and to explore costs for implementing mulching services for Walkersville residents only.

5. PROPOSED CHANGE TO TOWN CODE SECTION 69-14 – PORTABLE BASKETBALL POLES

Code Enforcement Officer Andy Dewese reported to commissioners that two entire neighborhoods were under complaint regarding the existence of portable basketball poles throughout the neighborhoods. Apparently the HOA management of Sun Meadow and Winterbrook are on a rampage to eliminate portable basketball hoops and the kids that play in the streets and on curbs with these devices. Mr. Dewese offered a change to be added to the Town Code in order for him to legally take care of the complaints. He proposed adding to §69-14, "Portable basketball poles and nets and hockey nets are not permitted in the street at any time, nor are they permitted curbside between street and sidewalk, and must be removed. All units must remain on owner’s property/driveway at all times."

Much discussion ensued, and reason prevailed when Commissioner Winch disagreed that the town should prohibit children’s play activities in this manner. If there are safety or legal issues with children in the street, the matter should be directed to the State Police for handling.

Commissioner Chad Weddle made a motion, seconded by Commissioner Russell Winch, to introduce Ordinance 2011-05 to delete in total §69-14 (which reads "It shall be unlawful for any person to throw or play with a ball or missile of any description in any street of the Town") from the Town Code. The motion passed by a vote of 5-0.

6. REQUEST FOR RELEASE OF LETTER OF CREDIT FOR VICTORIA PARK

Ms. Hauver reviewed the request to release the Victoria Park letter of credit held for the stormwater management pond in the amount of $35,898.34. Notice was received from Frederick County that the LOC could be released. The one-year warranty period has ended and Public Works Director Bob DePaola is satisfied that the pond is now draining properly.

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Donald Schildt, to release the Letter of Credit for the Victoria Park stormwater management pond in the amount of $35,898.34. The motion passed by a vote of 5-0.

7. REQUEST FOR RELEASE OF LETTER OF CREDIT FOR SUN MEADOW PHASE 6 PUBLIC IMPROVEMENTS

The Town received notice from Frederick County that the letter of credit held for improvements in Sun Meadow Phase 6 can be released. The Town is holding $535,400.62 as a contingency for public improvements. The one-year warranty period has ended, all final inspections have been done, and Public Works Director Bob DePaola concurs with the County staff recommendation. Two issues that need to be resolved by K’Hovnanian are a water leak that needs repair and a street light that has never worked, apparently never wired for hookup.

Commissioner Russell Winch made a motion, seconded by Commissioner Debbie Zimmerman, to hold the letter of credit until the next town meeting and determine if the above issues have been resolved before release. The motion passed by a vote of 5-0.

8. ACCOUNTS PAYABLE AND JUNE 2011 FINANCIAL STATEMENTS

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Sam Eyler, to pay the attached bills and approve the June 2011 General Fund and Water Fund financial statements. The motion passed by a vote of 5-0.

9. COMMISSIONERS’ CONCERNS

Commissioner Donald Schildt reported that arrangements for Veterans’ Day are all lined up except for receiving flags flown over the Capital in Annapolis from Delegate Kathy Afzali. It will be held Sunday, November 13^th at 1:00 p.m.

Burgess Whitmore announced Bulk Trash pickup will be held November 12.

Burgess Whitmore reported he is attending the County/Municipal meeting tomorrow where there will be discussion of municipalities providing recycling centers for those who do not have curbside pickup.

Burgess Whitmore encouraged commissioners to review the Talk of the Town newsletter and notify Ms. Diane Fauble of any additions or changes.

Burgess Whitmore notified commissioners that the Town has received a letter from the County stating that when the Creamery Park restroom was built in 2006, the Town was never charged for a sewer tap fee. Burgess Whitmore noted that when he made a billing mistake in his business, he ate it. He stated at the very most the Town should pay what would have been the tap fee in 2006 but he feels the County should take responsibility for their error and not penalize the Town for it. He asked commissioners their agreement on this. Commissioner Zimmerman noted that this was a Program Open Space project and that due to this delay, funds to pay this would wreak havoc on the Parks budget. Commissioner Weddle noted that the statute of limitations has passed.

Commissioner Donald Schildt made a motion, seconded by Commissioner Debbie Zimmerman, not to pay the $10,167 levied by the County for the 2006 sewer tap. The motion passed by a vote of 5-0.

Commissioner Debbie Zimmerman offered congratulations to Ms. Mary Ann Brodie-Ennis, who entered her German Chocolate cake in the Community Show, after learning about it at the last Town meeting, and WON Reserve Champion! In addition, the Town bought her cake at the auction and staff enjoyed it immensely!

Commissioner Zimmerman announced the annual Parks Committee Christmas Tree lighting will be held Wednesday, December 7^th at 7:30 p.m.

Commissioner Zimmerman announced that there was not a quorum at the October 5^th Parks Committee meeting, but discussion ensued about trash issues at Heritage Farm Park. Apparently some groups in GVAA have moved trash cans from the concession stand area to the upper practice football field. Therefore, the one can left at the concession stand is full and overflowing and the five cans at the upper field are difficult to hit, so trash is thrown on the ground all around them. The Parks Committee would like Burgess Whitmore to issue a letter to GVAA.

Commissioner Russell Winch made a motion, seconded by Commissioner Debbie Zimmerman, to send a letter to Thom Beckley, President of GVAA, to address trash issues at the park with all leaders of all sports. The motion passed by a vote of 5-0.

There being no further business or citizens’ concerns, the meeting adjourned at 8:05 p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager