MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

January 25, 2006

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, January 25, 2006, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Joe Magluilo, Donald Schildt, and Chad Weddle, Planning and Zoning Administrator Susan Hauver, Public Works Supervisor Dennis Miller, Public Works Director Bob DePaola, Trooper Eric Funk, 3 citizens and 1 press. Commissioner Debbie Zimmerman and Town Manager Gloria Long Rollins were absent due to illness.

The meeting was called to order with the Pledge of Allegiance.

  1. MINUTES

Commissioner Don Schildt made a motion, seconded by Commissioner Chad Weddle, to approve the minutes from the January 11, 2006 regular town meeting. The motion passed by a vote of 4-0.

3. FOGLE PROPERTY PAPER ALLEY

Burgess Ralph Whitmore recognized Mr. Glenn "Hot Dog" Fogle of 3 Charles Street and his son, Jimmy Fogle and noted that they would like to discuss the status of a paper alley located on the east side of their property at 9 East Pennsylvania Avenue. The alley extends from E. Pennsylvania Avenue to Charles Street. According to the Fogles, in the 1970s, then Burgess Gilmore "Fatty" Trout told the senior Mr. Fogle that the Town had no interest in the alley and that the land was thereby granted to the Fogles. The alley had originally come off that property. The agreement between Mr. Trout and Mr. Fogle was never written down. Mr. Whitmore said that he believed Mr. Fogle’s account and that the alley belongs to them. He would support them filing legal documents to officially obtain the right-of-way. The Fogles agreed to allow the neighbors access to the rear of their properties.

Commissioner Don Schildt made a motion, seconded by Commissioner Chad Weddle, to allow the Fogles to proceed with acquisition of the alley, provided they provide access easements to their neighbors and they pay all expenses, including the review of the documents by the Town Attorney. The motion passed by a vote of 4-0.

4. MEMORANDUM OF UNDERSTANDING—HERITAGE FARM PARK MULCH PILE

Burgess Whitmore stated that the Town had received a memorandum of understanding from Frederick County to allow Town staff to "dress up" the yard waste recycling site on Fridays to enable waste to be dropped off more efficiently and neatly over the weekends.

Commissioner Don Schildt made a motion, seconded by Commissioner Sam Eyler, to accept the memorandum of understanding regarding the yard waste recycling site at Heritage Farm Park. The motion passed by a vote of 4-0.

Public Works Superintendent Dennis Miller said he was concerned that the Memorandum of Understanding with Frederick County placed responsibility with the Town for equipment failure that might occur while Town staff was operating it. After discussion, Commissioners advised Town staff to make sure that the Towns insurance company was satisfied with the wording of the agreement.

 

 

 

  1. CITIZENS QUESTIONS AND CONCERNS

Burgess Whitmore said that the Town had received a letter from Alan Wells of the Creekside Park Homeowners Association regarding setting up a Neighborhood Watch program in that neighborhood. They requested that the Town provide the signs and literature. Trooper Eric Funk was identified as the point of contact. Commissioners agreed that if they provide signs for one neighborhood they should extend that to other neighborhoods if they ask.

Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to approve the purchase of two signs for the two entrances to the development. The motion passed by a vote of 4-0.

6. PLANNING COMMISSION APPOINTMENT

Commissioner Don Schildt made a motion, seconded by Commissioner Chad Weddle, to approve the re-appointment of Lin Snider to the Planning Commission. The motion passed by a vote of 4-0.

7. BOARD OF APPEALS APPOINTMENTS

Commissioner Joe Magluilo made a motion, seconded by Commissioner Sam Eyler, to approve the appointment of Dan Thomas as a full member of the Board of Appeals. The motion passed by a vote of 4-0.

Commissioner Joe Magluilo made a motion, seconded by Commissioner Don Schildt, to approve the appointment of Harold Roderuck as the alternate member of the Board of Appeals. The motion passed by a vote of 4-0.

8. AMERICAN COMMUNITY SURVEY

Burgess Whitmore noted the material concerning the American Community Survey that had been distributed in the packets. Commissioner Weddle said that the survey is being conducted by the U.S. Census to supplement the findings of the decennial census. A sample of residents will receive questionnaires and possible home visits.

  1. ELECTION ISSUES

    2. Ms. Hauver passed on information from Ms. Rollins regarding the Town election scheduled for Monday, September 11, 2006. A County election board official had expressed concern that the town election falls one day in advance of the State primary election. She noted that the deadline for voter registration will be August 22, 2006. Certificates of candidacy will be due August 14, 2006 at 4:30 p.m.

  2. MEMORIAL DAY SERVICE

    3. Burgess Whitmore said that Korean War veterans would be recognized this year, in a manner similar to the recognition of Viet Nam veterans last year. Commissioners agreed to again hold an essay contest for 3rd, 4th and 5th grade students at the two elementary schools. Commissioner Schildt also noted that this would be the 25th Memorial Day service and wants to recognize the Kiwanians who initiated the first one in 1981.

  3. ACCOUNTS PAYABLE

    4. Commissioner Don Schildt made a motion, seconded by Commissioner Joe Magluilo to pay the bills. The motion passed on a vote of 4-0.

     

  4. COMMISSIONER CONCERNS

Commissioner Schildt noted that the new girls’ softball field at Heritage Farm Park was to be named Kiwanis Field and wanted Commissioner Zimmerman and GVAA to be reminded to recognize it at Opening Day.

Commissioner Schildt said that he wanted to pursue the idea of holding a weekly Farmer’s Market in town. He noted that several other municipalities hold them. He suggested that it be held on Tuesdays, Wednesdays or Thursdays at Creamery Park or the Town Hall parking lot. He will coordinate with Gloria.

Commissioner Schildt noted complaints about Crum Road needing to be painted. Public Works Superintendent Dennis Miller said that it was scheduled for the spring.

Commissioner Schildt expressed concern about a zoning certificate issued by the Zoning Administrator for an addition to a house on Green Street without Board of Appeals approval of a setback variance. He felt it should have gone to the Board of Appeals because the lot is non-conforming. Commissioner Magluilo said that he did not think a variance would be needed because the addition did not make the house any more non-conforming than it was before. Burgess Whitmore also affirmed the decision of the Zoning Administrator.

Commissioner Weddle made a motion, seconded by Commissioner Schildt, to request a legal opinion from Town Attorney David Severn. The motion failed on a vote of 1-3 (Magluilo, Eyler, Weddle).

Planner Hauver said that she would work with the Planning Commission on a survey of non-conforming uses and lots and review the zoning ordinance accordingly. In the meantime, cases similar to the one in question will be referred to the Board of Appeals for variances.

Commissioner Magluilo said some neighbors had complained that the trash contractor was leaving trash can lids loose instead of placing them back in or on the cans.

The letter from ServeTech opting out of a second year on their mowing contract was noted. The Town will go out to bid for mowing services.

 

 

The meeting adjourned at 8:35 p.m.

Respectfully submitted,

 

 

Susan Hauver

Planning and Zoning Administrator