MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

December 9, 2009

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, December 9, 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, Town Attorney David Severn, approximately 16 citizens, and Courtney Pomeroy of the Gazette.

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

1. MINUTES

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Russell Winch, to approve both the Town Meeting minutes and the Closed Legal Meeting minutes of November 18, 2009. The motion passed by a vote of 5-0.

2. PUBLIC HEARING ON ORDINANCE 2009-09 TO AMEND CHAPTER 88 OF THE TOWN CODE

Ms. Hauver reviewed Ordinance 2009-09 which incorporates changes to the previously passed Ordinance 2009-06. After review of the adopted ordinance, Krista McGowan, attorney for Century Center, proposed changes to the language of section E3 and F3 as they make references to the Frederick County Comprehensive Plan. Since the property will be annexed into the Town, the Town Comprehensive Plan should govern the property; therefore references to the County plan could be misleading or the Plan change in the future. Ordinance 2009-09 also corrects all references Light Industrial to Limited Industrial. The Planning Commissioner recommended approval of the ordinance. There were no public comments at the hearing.

Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to adopt Ordinance 2009-09. The motion passed by a vote of 3-2, with Commissioners Donald Schildt and Russell Winch in opposition.

3.INTRODUCTION OF RESOLUTION 2009-04 TO ENLARGE THE CORPORATE BOUNDARIES OF THE TOWN

Ms. Hauver reviewed the petition of annexation from Century Center, LLC. The signatures, boundary survey and description have been reviewed. The resolution of annexation introduced tonight will be attached to an annexation agreement and February 10, 2010 will be the earliest possible hearing date should all items in the agreement happen in a timely fashion.

Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to introduce Resolution 2009-04. The motion passed by a vote of 5-0.

4. RESOLUTION 2009-05 – TO BORROW FUNDS FOR THE PURPOSE OF ACQUIRING PROPERTY UNDER A SETTLEMENT AGREEMENT AND CONTRACT OF SALE

Ms. Rollins notified commissioners that in order to borrow funds from Frederick County Bank to complete the purchase of the property at 8939 Woodsboro Pike, a resolution would have to be passed.

Commissioner Chad Weddle made a motion, seconded by Commissioner Donald Schildt, to borrow $800,000 for the purpose of completing the purchase of 8939 Woodsboro Pike as authorized by the Town Charter. The motion passed by a vote of 5-0.

5. DISCUSSION OF ANNEXATION AGREEMENT

A proposed annexation agreement between the Town and Century Center, LLC spelling out the terms of the annexation were discussed with David Severn, Town Attorney. Major conditions discussed and to be negotiated between the parties include: location and terms of drilling a well for applicant’s water supply, water tap credits to be given to the developer for oversized facilities, a proposed $100K limit on credit, Retreat Road improvements, Richard Winn Lane construction and improvements to the intersection of MD 194 and Stauffer Court. The applicant raised the following concerns: well location, water storage tank costs, and elevated versus ground water storage tanks, sewer taps allotted to the property, timing of connection to public facilities, special taxing district issue, bonds and letters of credit.

Attorney David Severn noted the timing issues and urgency to implement the annexation agreement now that the resolution has been introduced. Detailed information is needed on the well and water situation and we need a firm annexation agreement on critical conditions. The public hearing may be advertised and held on February 10, 2010 so the clock is ticking.

Commissioner Chad Weddle made a motion, seconded by Commissioner Russell Winch, to authorize Town Attorney David Severn and Burgess Ralph Whitmore to meet with the applicants and hammer out the details of the annexation agreement requirements. The motion passed by a vote of 5-0.

6. VICTORIA PARK LETTER OF CREDIT – UPDATE ON ISSUES

The stormwater pond at Victoria Park still is not functioning properly.

Commissioner Chad Weddle made a motion, seconded by Commissioner Russell Winch, to wait until the pond is fixed and functioning properly before releasing any balance on the letter of credit. The motion passed by a vote of 5-0.

7. RELEASE OF ESCROW FUNDS FOR FREDERICK COUNTY BANK

Ms. Hauver reported escrow funds in the amount of $14,040 are currently being held as a guarantee for improvements associated with the stormwater management facilities of Frederick County Bank. The one year warranty period passed on December 2, 2009 and there are no outstanding issues with the stormwater facilities.

Commissioner Chad Weddle made a motion, seconded by Commissioner Russell Winch, to release the escrow funds in the amount of $14,040 for Frederick County Bank. The motion passed by a vote of 5-0.

8. TAX EQUITY REQUEST TO FREDERICK COUNTY

Commissioners reviewed draft letter to the Frederick County commissioners requesting the Town’s share of tax equity funds.

Commissioner Chad Weddle made a motion, seconded by Commissioner Russell Winch, to send the letter as presented to the Frederick County Commissioners. The motion passed by a vote of 5-0.

9. ACCOUNTS PAYABLE

Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to pay the attached bills. The motion passed by a vote of 5-0.

10. COMMISSIONERS’ CONCERNS

Commissioner Debbie Zimmerman wished everybody "Happy Holidays."

Ms. Rollins asked Commissioners to RSVP if they plan to attend the Town’s Christmas party.

Commissioner Russell Winch made a motion, seconded by Commissioner Donald Schildt, to hold a closed legal and personnel meeting. The motion passed by a vote of 4-1, with Commissioner Chad Weddle in opposition.

Burgess Whitmore and Commissioner Weddle announced that Santa Claus would be riding through Town on December 20^th at 2:00 p.m.

11. CITIZENS QUESTIONS AND CONCERNS

George Rudy, 11 West Crum Road, presented his follow up to last night’s Planning Commission meeting. He stated that the annexation discussions treat the annexation of the Century Center like a "mom and pop in a bungalow" site rather than an industrial site with all of its’ industrial and environmental site issues. Containment, confinement, biological issued we need to be cognizant of. He referred to a challenge of his credentials that occurred last night. Commissioner Winch clarified that what was asked last night, in reference to the documents and positions submitted, is Mr. Rudy acting as a professional engineer and as an expert in the material presented? Mr. Rudy stated he is more than qualified to address the issues.

Commissioner Schildt asked if Mr. Rudy was ready to apologize as Commissioner Winch presented Mr. Rudy with a holiday lump of coal for his stocking. Burgess Whitmore requested that Mr. Rudy quit bugging the office staff with frivolous items.

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

Respectfully submitted,

Gloria Long Rollins

Town Manager