MINUTES
WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING
January 23, 2008
The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, January 23, 2008, 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, 15 citizens, and 2 press, Gina Gallucci of the Frederick News-Post, and Jeremy Hauck of the Gazette.
The meeting was called to order with the Pledge of Allegiance, followed by moments of silence in honor of Mrs. Jane Snider. Mrs. Snider passed away last week and will be sorely missed.
1. MINUTES
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Sam Eyler, to approve the Town meeting minutes of December 12, 2007. The motion passed by a vote of 4-0.
2. PUBLIC HEARING ON ORDINANCE 2007-19 – AMENDING §80-18 – VIOLATIONS & PENALTIES
There were no public comments.
Commissioner Don Schildt made a motion, seconded by Commissioner Chad Weddle, to adopt Ordinance 2007-19, which increases the fine to $100 for each of the following sections: 80-4 Use of Sidewalks by motor vehicles, motorized scooters and skateboards, 80-9 Stopping, standing and parking, 80-10 Vehicle repairs, 80-11 Time limit for continuous parking, 80-12 Parking boats, trailers and recreational vehicles, 80-13 Parking unregistered vehicles, 80-17 Parking prohibited during snow emergency. The motion passed by a vote of 4-0.
3. ORDINANCE 2007-15 – DELETING CERTAIN SPECIAL EXCEPTIONS FROM AGRICULTURE DISTRICT
Commissioner Chad Weddle reviewed the ordinance, which had been postponed for vote until after the decision rendered by the Board of Appeals regarding the special exception request by the Ahmaddiya Muslim Community. The Board of Appeals case is not yet decided, so Commissioner Weddle outlined options as follows: 1) vote tonight, 2) postpone again to another specific date, (with concerns that the Town Code does not support this option), 3) amend the ordinance and send back to Planning Commission for review and hearing, 4) let the ordinance die for lack of a vote.
Commissioner Weddle recommended amending the ordinance by also deleting "recreational facilities" as a use granted by special exception.
Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to introduce Ordinance 2008-01 in the format of 2007-15, adding "recreational facilities" to the previous list of deletions from the special exception list in agriculture zoning district. The motion passed by a vote of 3-1, with Commissioner Schildt in opposition.
Commissioner Don Schildt made a motion to adopt Ordinance 2007-15. There was no second to the motion and no vote on the ordinance, therefore Ordinance 2007-15 dies and is replaced by the newly introduced Ordinance 2008-01. Ordinance 2008-01 will go to the Planning Commission for discussion and hearing and it will make its way back to the Commissioners in March.
4. CITIZENS’ QUESTIONS AND CONCERNS
Wanda Heurich, representing Glade Towne, notified commissioners of several problem street lights from Crum Road to Wyndale Court. Staff was directed to check out the pole numbers for repair during dark hours.
Andrew Dipasquale, of Miles & Stockbridge, representing the Banner School, noting that the Ordinance 2008-01 will affect the Banner School efforts to get their project approved and underway. He asked that commissioners insure that the passage of the ordinance not affect pending applications. He noted that Banner School has site plan approval and is working through the comp plan amendment process to receive their sewer classification from Frederick County. Burgess Whitmore suggested that they work on getting the property rezoned to accomplish approval for the school.
5. SIDEWALK REQUEST FOR 21 CRUM ROAD
A request letter was received, from Judi Redona of 21 Crum Road, for a sidewalk.
Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to place this item on the February agenda and notify all 3 neighbors in the Lancaster Homes. The motion passed by a vote of 4-0.
6. TOWN ATTORNEY OPINION ON BURGESS VOTE ON ORDINANCES
Burgess Whitmore notified commissioners of Town Attorney David Severn’s opinion letter, which explained that Burgess Whitmore does not have the authority to break a tie vote when voting on an ordinance. Therefore, the December 12 ordinances 2007-16, 2007-17, and 2007-18 that he voted on did not pass.
7. INFORMATION ON SHARED CODE ENFORCEMENT OFFICER
Ms. Rollins notified commissioners of information received from Burgess Don Trimmer of Woodsboro. Commissioners questioned whether we would be required to advertise ourselves in order to meet hiring requirements. Staff was directed to check on the shared planner arrangement enjoyed by Middletown and Myersville.
8. MARRIAGE SAVERS PROCLAMATION
Commissioners agreed to make a proclamation in February for "Community Marriage Week 2008".
9. DEPARTMENT OF EMERGENCY PREPAREDNESS – LAPTOP PROJECT
Commissioners directed staff to obtain more information as to the use and training on the laptop computer prior to supporting the project.
10. WASTE TO ENERGY RESOLUTION
Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to adopt Resolution 2008-01 in support of a Waste To Energy facility in Frederick County. The motion passed by a vote of 4-0.
11. ALTERNATE FOR BOARD OF ELECTION SUPERVISORS
Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to appoint Board of Election Supervisors alternate Ridgely Cramer as a member Supervisor. The motion passed by a vote of 4-0.
Commissioner Don Schildt made a motion, seconded by Commissioner Sam Eyler, to appoint Mary Campbell as the Board of Election Supervisors alternate. The motion passed by a vote of 4-0.
12. ACCOUNTS PAYABLE
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Don Schildt, to pay the attached bills. The motion passed by a vote of 3-1, with Commissioner Chad Weddle opposed.
13. COMMISSIONERS’ CONCERNS
Commissioner Schildt registered his complaint that the Board of Education Blue Building is using the sidewalk along Frederick Street as an entrance to parking on the fields adjacent to the building. The sidewalk is covered with so much mud that it is virtually impassable for people trying to walk by. He asked staff to check on getting them to construct a proper entrance for their parking. Ms. Hauver stated that in the past there had been improvement plans for a parking lot, but there has been no action on it lately.
Commissioner Schildt asked if letters had gone out regarding the junk yard on George Street and the unregistered vehicle parked at Marsala’s Restaurant. He noted that the George Street problem has been cleaned up some. Ms. Hauver stated that the Town needs to adopt a property maintenance code that can be enforced.
Mr. Bob DePaolo asked commissioners for permission to take a 1986 Ford Truck to a vehicle auction on Saturday. Commissioner Don Schildt made a motion, seconded by Commissioner Chad Weddle, to take the ’86 Ford truck to auction. The motion passed by a vote of 4-0.
Commissioners decided not to utilize the January 30 contingent meeting date set in December. The next town meeting will be the regular meeting date of February 13, 2008.
Burgess Whitmore announced that the purchasers of the Rotorex property are requesting a meeting with the Commissioners to discuss annexation conditions. Commissioners decided to set the meeting on an off Wednesday night after the February 21, 2008 election. Five commissioners would then be seated to hear the discussions.
The meeting adjourned at 8:30 p.m.
Respectfully submitted,
Gloria Long Rollins
Town Manager