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Walkersville approves $200,000 payment to resolve long-running Parkside off‑site improvements dispute

Walkersville Burgess and Commissioners · August 28, 2024
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Summary

After years of delays and a now-defunct prime contractor, Walkersville commissioners voted 3–1 to pay $200,000 to settle a reimbursement claim tied to Parkside off‑site improvements; the developer gent withdrew requests for additional funds beyond the original cost estimate.

Walkersville commissioners voted 3–1 Aug. 28 to approve a $200,000 payment to resolve a disputed reimbursement claim for off‑site improvements tied to the Parkside development.

The developer gent, Mr. Poss, told the commission he and his client would withdraw their request for additional funds above the originally approved cost estimate because so much time had elapsed and the primary contractor that performed the work is no longer in business. "We are willing to withdraw our request for the additional funding above the cost estimate," he said, adding that auditing the job and separating developer versus town responsibilities was now impossible because of missing records.

Town staff and commissioners disputed neither that work was completed, but noted the town requires a 50% contingency to account for items such as geotechnical inspections, permit fees and other post‑estimate costs. Town staff said the approved cost estimate appeared "accurate and adequate" and that the 50% contingency was the normal town practice.

Commissioner Gilbert moved to approve $200,000, with a condition that the developer agree to no further litigation to collect additional funds; the motion was seconded and approved. The Burgess read the result aloud as "3 to 1." Commissioners discussed the difficulty of reconstructing nine years of project records and emphasized improving documentation for future projects.

The payment resolves the immediate reimbursement request; the commission did not vote to alter the town—ontingency policy. Officials said the outcome was a compromise reflecting time elapsed, incomplete contractor records and the town's documentation requirements.