MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

October 28, 2009

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, October 28, 2009, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Donald Schildt, Chad Weddle, and Debbie Zimmerman, Town Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, Public Works Director Bob DePaola, David St. Clair and Wayne Becker of Smith, Elliott, Kearns & Co., approximately 18 citizens, Ron Cassie of the Frederick News-Post, and Courtney Pomeroy of the Gazette.

Commissioner Russell Winch was absent due to a Scouting awards ceremony for his son.

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

1. MINUTES

2. AUDITORS’ REPORT ON FINANCIAL STATEMENTS

Mr. David St. Clair of Smith, Elliott, Kearns & Co. presented the independent auditors’ opinion on the Town’s financial statements and reviewed various pages and reports for the Burgess & Commissioners. He stated that the opinion was a clean (unqualified) opinion with no exceptions noted. He reviewed pg. 15 of the report, the Statement of Net Assets, and noted that the Balance Sheet presentation of the Town government shows Total Assets of $17,250,659 and Liabilities of $663,570, resulting in Total Net Assets of $16,587,089. Mr. St. Clair also reviewed pg. 16, the Statement of Activities, and commented on the bass-ackwardness of the presentation of the Expenses and Revenues. He reviewed the General Fund expenses of $2,152,218, Water Fund expenses of $1,145,559 for Total cost of Government of $3,297,777. Net expenses for Total Government were $2,175,135, when offset by Program Revenues and Charges for Water Services. Total general revenues, special items, and transfers in the amount of $3,037,429 combined with net expenses for a positive change in net assets of $862,294. All in all, Mr. St. Clair reported that the Town is in excellent financial condition and that his interaction with the office staff and management was delightful. Copies of the Town’s Financial Report are available upon request.

3. PUBLIC HEARING ON ORDINANCE 2009-06 ZONING TEXT AMENDMENTS TO SPECIAL PROVISIONS GOVERNING ANNEXED LANDS

Ms. Hauver presented the staff report on the proposed text amendments and noted that representatives of the applicant, Century Center LLC were present. The Planning Commission held a public hearing on the ordinance on September 22, 2009 and recommended approval of the ordinance by a vote of 4-1, with Member Russell Winch in opposition. There were no public comments.

Commissioner Zimmerman noted that the applicant could go to County right now and get approval for the project on well and septic and it would then be controlled by the County and not the Town. Commissioner Schildt expressed his disagreement with the proposed ordinance and said he was leery of promises to hook up in the future and noted his displeasure still at the County Commissioner who developed properties outside the Town boundaries without hooking up to the nearby public sewer. He then asked Mr. Jim Fitzgerald why they didn’t just develop within the County. Mr. Fitzgerald explained that they could go to the County, but he feels there is an advantage to developing under the Town’s guidelines which allow multiple buildings on one lot. He also noted that they are putting in the dry lines for water and sewer and intend to hook up to the public facilities as soon as they are available.

4. VETERANS’ DAY ESSAY CONTEST

Commissioner Schildt reported that about 140 essays have been received from Glade Elementary 4^th and 5^th graders and the judges are still diligently reading through them to determine the winners.

5. GOVERNOR’S INTERGOVERNMENTAL AFFAIRS OFFICE - JOSH RUSSIN

Mr. Russin, representing Governor O’Malley’s Intergovernmental Affairs Office, passed out handouts to the Commissioners entitled "State Resources Available to Local Governments," and "Frederick County Fact Sheet." He talked about the worsening conditions of the State, County, and Municipal budgets.

6. INTRODUCE ORDINANCE 2009-08 TO PURCHASE MOXLEY FARM

Commissioners will need to hold a special meeting and public hearing in order to pass the ordinance. The public hearing will be held next Wednesday, November 4, 2009 at 7:00 p.m.

7. WATER BILLING ISSUE

Commissioners reviewed a memo from staff regarding a high water reading at 204 Glade Blvd. The owner, Hope Stottlemyer, appeared before the commissioners and reported that there was no way that 188,600 gallons was the consumption for the property. Town staff will replace the meter and check the current meter to determine if it is faulty or not. If the meter is faulty we will provide the property with an average bill.

8. MOWING CONTRACT

Mr. Don Spect of Lawnscape Commercial Grounds Maintenance submitted a letter asking the Burgess & Commissioners to extend the mowing contract for 1 additional year with no price increase. Burgess Whitmore informed him that the Town will be putting the contract out for bid, due to already extending the contract an additional year last year.

9. HOW TO PAY FOR THE FARM

Discussion ensued regarding the financing arrangements for purchasing the farm for the settlement agreement. Ms. Rollins presented several options regarding liquidation of town investments, borrowing of funds, and proposals for financing from the three local Walkersville bank branches.

10. ACCOUNTS PAYABLE

11. COMMISSIONERS’ CONCERNS

Commissioner Donald Schildt reminded everyone again about the Veterans’ Day Ceremony on Sunday, November 8, 2009 at 2:00 p.m.

Burgess Whitmore reminded commissioners of the Maryland Municipal League dinner on December 11, 2009 and to RSVP by November 27 if they are interested in attending.

Ms. Rollins asked all those who are signatories on the settlement agreement to stay after the meeting to sign the document.

Ms. Hauver notified the commissioners of revised Planning Commission meeting schedule. They will hold one meeting in November, November 17^th, and one meeting in December, December 8^th.

Burgess Whitmore reiterated the Special Meeting to be held next Wednesday, November 4^th at 7:00 p.m., with Public Hearing on Ordinance 2009-08, the only thing on the agenda.

12. CITIZENS’ QUESTIONS AND CONCERNS

Jim Graham, Treasurer of the fire company, updated the commissioners on the efforts to reduce the fire tax levied on Town residents. He noted that through the suburban fire tax rate of 8¢ per $100 of assessed value the Walkersville first response area contributes 31% of the Frederick County budget for Fire and Rescue services in the amount of approximately $1.3 million. In return the County provides 2 staff people during the week at a cost of no more than $300,000. He explained that they had asked the County to justify the spending of the funds and under §286.C2 the local fire company requested a special tax district for the Walkersville and first response area. The County Commissioners said no. The fire company is looking for a more equitable system. They plan to issue a letter to all citizens in the first due area explaining what they are trying to accomplish. He asks the Commissioners for approval to use the Town of Walkersville name in the letter in support of their plan.

Commissioner Schildt addressed Mr. Rudy and asked if he was prepared to apologize to the Commissioners. Mr. Rudy declined.

There was no further business so the meeting adjourned at 8:30p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager