1. MINUTES

2. HOLIDAY TRASH COLLECTION INFORMATION

Burgess Whitmore asked the newspaper reporters to announce in the Frederick News-Post and the Gazette that trash pickup will occur the day after Christmas and the day after New Year.

3. COMMUNITY COMMONS – TREE PLANTING PROJECT AT HFP

Hillary Varnadore, representing Community Commons requested that the Commissioners allow a Cub Scout troop to take on a tree planting project at Heritage Farm Park. She proposes that the scouts maintain the tree plantings along the riparian areas along Glade Creek that runs through Heritage Park. They will maintain the down trees and clean up the site, install tree tubes, stakes, and replace dead trees. Ms. Varnadore stated that Community Commons has funding to replace the dead trees. The scouts would like to work on this project this spring and summer and Ms. Varnadore asked for the Commissioners’ permission to proceed. Commissioner Zimmerman would like the group to take a look at Community Park also.

Commissioner Zimmerman made a motion, seconded by Commissioner Magluilo, to approve the cub scout project to be supervised by Community Commons. The motion passed by a vote of 5-0.

4. CITIZENS QUESTIONS AND COMMENTS

None

5. AWARD OF PLAYGROUND EQUIPMENT

Martha Bush presented the bids received for playground equipment to be installed through the town’s Program Open Space project at the Gilmore C. Trout Memorial Park. The developer of Sun Meadow has put in a tot lot for 3-5 year olds as part of his open space requirements. The town’s project is to put in play equipment for 5-12 year olds. The project and request for bids had been advertised in the Frederick News-Post and we received two proposals. Taylor Sports and Recreation bid $24,686.73 and All Recreation of Maryland, Inc. bid $31,939.00. Staff recommended accepting the low bid.

6. SUN MEADOW – WATER TAP AGREEMENT PHASES 3-6

Susan reviewed the proposed water tap agreement and noted that the applicant did not use the town’s standard agreement, which had recently been developed by Beth Pasierb and Town Attorney David Severn. They made changes to the standard agreement so proposed is a non-standard agreement which includes an addendum that makes the agreement even more flexible. She noted that the standard agreement had been created so that all applicants would be treated equally and fairly, so that legal review is simplified and uniform treatment would be insured for all applicants.

The applicant is proposing to purchase 175 taps over 4 years, with 45 in 2002, 45 in 2003, 44 in 2004, and 41 in 2005. The addendum to the agreement makes it flexible so that the taps can be accumulated and carried over when there are years that 45 lots have not been recorded. In 2003 therefore, theoretically they could record 135 lots. 45 lots will be recorded but practically, it does not seem likely that additional 90 lots could be recorded this year. Attorney David Severn recommended that the addendum which would allow this be removed. This issue of a flexible schedule be addressed separately. The question of whether to accept a non-standard agreement needs to be addressed.

Krista McGowan with Miles & Stockbridge and Mike Carlo with Washington Homes, contract purchaser of the property and the proposed developer for Phases 3-6 of Sun Meadow addressed the Burgess and Commissioners. Ms. McGowan apologized for the confusion about the form but stated that they had been working on the agreement for months. She stated that they started out with our standard agreement and that any changes are typed in and plainly visible for review. She stated they have no problems with Mr. Severn’s changes but Washington Homes needs some flexibility with the purchase schedule. They need to be able to purchase more taps if needed to complete their building permits.

Burgess Whitmore stated that he had major heartburn with them not using our standard form; that we had gone to great effort to develop the standard form. He doesn’t see any problem with them developing that many houses. Commissioner Weddle recommended using the standard agreement but deleting page 3 with the yearly schedule.

Commissioner Weddle made a motion, seconded by Commissioner Magluilo, to adopt the agreement once it’s put on the town’s standard water agreement form and Attorney David Severn has one last review of it. The motion passed by a vote of 5-0.

7. AUTOMATED CONTROL SYSTEM FOR WATER PLANT

Matt Staley went over the water treatment plant process control system and the bids and the options. He recommended the low bidder, Optimum Controls, with options as follows: C12 gas detector alarm, Commercial Power status, Generator Run status, Flow meter in clearwell, and Transmitter to clearwell.

8. STREETS

Burgess Whitmore will be attending local homeowners’ association meetings in the coming months. He has been to several and heard their concerns about speeding and having a crosswalk from Colony Village to Creamery Park. He wants to get 10 ton trucks off the streets. Apparently all that needs to be done is to redo our weight limit signs to conform to Town Code. Our signs are wrong and need to have a weight limit of 10,000 lbs. Dennis will work on this.

9. ACCOUNTS PAYABLE

10. COMMISSIONERS’ CONCERNS

Commissioner Zimmerman noted that the water ban per the State of Maryland is still in effect, and therefore people are still not allowed to wash their own cars.

Commissioner Magluilo noted that everyone should have gotten a memo on the status of projects in Planning and Zoning. 2) 45 comments and points were addressed from the public comment received on the Comprehensive Plan. They are about halfway there as far as addressing and recording all the input. Then Planning and Zoning will bring the Comprehensive Plan before the Burgess and Commissioners. 3) Holding tank project at the high school. Commissioner Magluilo has met with representatives from the high school and they are very interested in using the backwash water to irrigate the athletic fields. He asked for guidance on how to proceed. After further discussion, it was decided to contact the engineers and let them know to give us a cost based on 1) 70,000 gallons of backwash water each week, 2) what disinfection/chlorination is needed to be safe for kids to come in contact on the fields, 3) what type/size tank is feasible, 4) how to pump it or tank it onto the fields, 5) what permitting needed from MDE and other agencies. We will contact RK&K for a cost for the scope of this work.

Commissioner Schildt noted that there were several vehicles that were not moved off the street during the snow emergency, making it difficult for the guys to plow. He wanted to know how much we enforce it. Gloria noted that we had sent out 20 letters on unshoveled sidewalks but no complaints had been received on parked cars blocking the plows.

Commissioner Schildt asked about the letter we sent to the county requesting the sewer line extension on Biggs Ford Road. He asked that we do something similar to insure that David Gray’s subdivision hooks up to sewer. Burgess Whitmore noted that it is a whole different situation in that one request is within town limits and David Gray’s subdivision is outside of town limits.

Dennis Miller suggested that the Commissioners consider allowing staff to convert excess comp time to their sick leave balances. As we can accumulate unlimited sick leave, it would increase the service time used to calculate retirement benefits at retirement. We need to find out if converting comp time to sick leave is a legal practice prior to changing our policy.

There being no further business, the meeting adjourned at 8:35 p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager