MINUTES
WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING
December 10, 2008
The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, December 10, 2008, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Russell Winch, Donald Schildt, Chad Weddle, and Debbie Zimmerman, Town Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, Public Works Director Bob DePaola, TFC Resident Trooper Ramona George, 10 citizens, and Ron Cassie of the Frederick News-Post.
The meeting was called to order with the Pledge of Allegiance.
1. MINUTES
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Russ Winch, to approve both the Town meeting minutes and the Closed Legal minutes of November 12, 2008. The motion passed by a vote of 5-0.
2. FREDERICK COUNTY SINGLE STREAM RECYCLING PROGRAM – PHIL HARRIS
Mr. Phil Harris from Frederick County Solid Waste Management presented the new "single stream" recycling system. Residents will now be able to place all recyclables in a 65 gallon bin without sorting. The County will be distributing the new containers over the next few weeks and will notify residents when to start using them. The new system will soon accept many materials not currently recyclable including wide mouth plastic containers, hardbound books, aerosol cans and juice cartons.
3. CITIZENS’ QUESTIONS AND CONCERNS
Alecia Palm-Cartnail, of 8376 Revelation Avenue, expressed her concern at her last two water bills being so high, one $700 and the next one $1,900. Commissioners offered to recalculate the bill using the Town’s industrial water rates for this one time due to the obvious water leak that was experienced.
Sharon Robbins, of 230 Challedon Drive, requested an exemption to the Town ordinance which prohibits the parking of commercial vehicles on town streets. She asked to be allowed to park her school bus on the street in front of her house and asked that a sign be placed there that says "Handicapped Bus Parking". She offered to pay for the sign. Commissioners denied her request for exemption from the ordinance stating that if they do it for one they would be forced to do it for all and then the streets would be full of commercial vehicle parking, which is in violation of Town Code.
Ron Mallonee, of 8 Wyndale Court, requested a summary of the November 12, 2008 meeting with the State Highway Administration engineers. Commissioners reiterated the discussions on jake brakes and signs prohibiting them and gave Mr. Mallonee a copy of the follow up letter from Mr. Sam DeLaurence.
4. LETTERS OF CREDIT
SUN MEADOW STORMWATER MANAGEMENT PONDS 3 & 4
K. Hovnanian Homes requested that the Letter of Credit (Bank of America #3064954) for Sun Meadow stormwater management ponds 3 & 4 be reduced, as County inspectors recommended release of all funds. Staff recommends reducing the $805,456 letter of credit by $547,956.30 and holding the $257,499.65 contingency.
Commissioner Russ Winch made a motion, seconded by Commissioner Don Schildt, to release $547,956.30 of Sun Meadow stormwater management ponds 3 & 4 letter of credit #3064954 per staff recommendation. The motion passed by a vote of 5-0.
VICTORIA PARK
Frederick County inspectors notified the Town that letters of credit for Victoria Park construction can be reduced. Staff recommends reducing $51,931.50 of the $77,897.25 funds held for Sediment & erosion control for the subdivision (Wachovia Bank #SM226530) and holding the contingency in the amount of $25,965.75 until November 17, 2009, the one year warranty period.
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Russ Winch, to release $51,931.50 of the Victoria Park Sediment & erosion control for the subdivision letter of credit #SM226530 per staff recommendation. The motion passed by a vote of 5-0.
Staff also recommended release of $32,018.00 of the $48,027.00 Water letter of credit (Wachovia Bank #SM226528), and holding $16,009.00 of contingency funds until June 24, 2009, the one year warranty period.
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Russ Winch, to release $32,018 of the Victoria Park Water letter of credit #SM226528 per staff recommendation. The motion passed by a vote of 5-0.
LANCASTER
Frederick County notified the Town that the letter of credit held for Forest Resource Ordinance (FRO) for Lancaster Craftsman Builders, Inc. (Presidential Bank #04-142) in the amount of $7,809.00 can be released. Staff concurs.
Commissioner Russ Winch made a motion, seconded by Commissioner Debbie Zimmerman, to release Letter of credit #04-142 for Lancaster Craftsman Builders, Inc. FRO in the amount of $7,809 per staff recommendation. The motion passed by a vote of 5-0.
SUN MEADOW PHASE 4
K. Hovnanian Homes requested release of their letter of credit for Sun Meadow Phase 4 contingency funds held for public improvements in the amount of $552,977.47. Final inspection was conducted by County and Town staff and the one year warranty period was over 11/13/2008. Staff recommends release of the letter of credit (Bank of America #3075328).
Commissioner Russ Winch made a motion, seconded by Commissioner Debbie Zimmerman, to release Letter of credit #3075328 for Sun Meadows Phase 4 public improvements contingency funds in the amount of $552,977.47 per staff recommendation and to accept roads in Phase 4 for Town maintenance. The motion passed by a vote of 5-0.
FREDERICK COUNTY BANK
Frederick County has notified the Town that funds held as a guarantee for improvements associated with the construction of Frederick County Bank can be released. Funds in escrow include $10,831.32 for sediment and erosion control, $42,120.00 for stormwater management, $18,219 for public improvements, and $7,350 for water improvements. Staff recommends release of funds held for sediment and erosion control, public improvements, and water improvement subject to approval by the Town Public Works Director. Staff also recommends holding contingency funds for stormwater management ponds in the amount of $14,120 for one year following as built inspection approval (12/2/09).
Commissioner Russ Winch made a motion, seconded by Commissioner Debbie Zimmerman, to release funds held in escrow in the amount of $64,480.32 and hold on to contingency funds for stormwater management ponds per staff recommendation. The motion passed by a vote of 5-0.
5. AWARD BID FOR HERITAGE FARM PARK PLAYGROUND SYSTEM
Play ground equipment proposals were sought to construct a play system for a Program Open Space $40,000 project. All proposals were evaluated for the number of activities provided and the capacity of each design. Sport Systems offered the most complex design and the largest number of activities. References were excellent and staff determined the proposal best met the Towns needs.
Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to award Program Open Space playground equipment project to Sport Systems. The motion passed by a vote of 5-0.
6. CITIZENS’ QUESTIONS AND CONCERNS
A letter was received from Nancy Middleton, requesting a handicapped parking space be designated in front of her house due to health problems in her family.
Commissioner Chad Weddle made a motion, seconded by Commissioner Russell Winch, to designate a handicapped space with paint on the street in front of the Middleton home at 52 Maple Avenue. The motion passed by a vote of 5-0.
7. ACCOUNTS’ PAYABLE AND FINANCIAL STATEMENT REVIEW FOR OCTOBER 2008
Commissioner Donald Schildt made a motion, seconded by Commissioner Sam Eyler, to pay the attached bills. The motion passed by a vote of 5-0.
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Donald Schildt, to approve the October 2008 cumulative financial statements for both the General Fund and Water Fund. The motion passed by a vote of 5-0.
8. COMMISSIONERS’ CONCERNS
Commissioner Don Schildt would like to send a letter to the Frederick News-Post thanking participants in the Town’s Veterans’ Day ceremony.
Commissioner Schildt would like to illuminate the cemetery for Christmas.
Commissioner Schildt noted that two members of the Planning Commission were serving under expired terms. It was decided to advertise the positions as per Town policy and check with Mr. John Zimmerman and Mr. Phil Smith to see if they are interested in being reappointed for another term.
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Donald Schildt, to appoint Mr. Dan Thomas to another term on the Board of Appeals in light of ongoing business to be handled by the Board. The motion passed by a vote of 5-0.
Commissioner Donald Schildt made a motion, seconded by Commissioner Russell Winch, to hold a closed legal meeting to discuss ongoing litigation. The motion passed by a vote of 5-0.
Commissioner Debbie Zimmerman wished everyone Happy Holidays!
TFC Ramona George noted that commissioners had received a police report and asked if there were any questions or concerns.
There was no further business so the meeting adjourned at 8:27 p.m.
Respectfully submitted,
Gloria Long Rollins
Town Manager