MINUTES
WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING
March 14, 2007
The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, March 14, 2007, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, James Reid, Don Schildt, Chad Weddle, and Debbie Zimmerman, Town Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, Public Works Supervisor Dennis Miller, Public Works Director Bob DePaola, Maryland State Police Resident Trooper Ed Muller and Sgt. Steven Hassett, 21 citizens, and 1 press.
The meeting was called to order with the Pledge of Allegiance.
1. SWEARING IN DAVID HALLER TO BOARD OF APPEALS
Burgess Whitmore read the oath of office to David Haller as he was sworn in to his new 3-year term of office on the Board of Appeals. His term is until January 2010.
2. MINUTES
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Jim Reid, to approve the Town Meeting minutes of February 21, 2007. The motion passed by a vote of 4-0-1, with Commissioner Reid abstaining.
3. PUBLIC HEARING ON ORDINANCE 2006-06 - ZONING TEXT AMENDMENT ON THE
APFO – VICTORIA PARK
Ms. Hauver reviewed the ordinance as it exempts independent senior living communities from the public schools determination of adequacy requirements.
There was no public comment.
Commissioner Donald Schildt made a motion, seconded by Commissioner Debbie Zimmerman, to adopt Ordinance 2006-06 to exempt Victoria Park, an independent senior living community from the public schools determination of adequacy requirements. The motion passed by a vote of 5-0.
4. PUBLIC HEARING ON ZONING TEXT AMENDMENT – EXCEPTION TO ALLOW
ADDITIONS TO PROJECT INTO REAR YARDS
This hearing was postponed until the March 28, 2007 town meeting to fulfill advertising requirements. David Haller, member of the Board of Appeals, asked commissioners to support the zoning text amendment exception to allow additions to project into rear yards. He feels it will allow the Board of Appeals to do their job better and will be better for citizens trying to enlarge their homes.
5. PROPOSED AMENDMENT TO APFO – STALEY APARTMENTS
Ms. Hauver directed commissioners to the letter from Michael and Lorraine Staley requesting a text amendment to the Adequate Public Facilities Ordinance that reads as follows:
"Any multi-family residential development projected to generate less than one student is not subject to the requirements of this chapter."
After informal discussion, commissioners made it clear that a senior housing project was preferred to an exemption from the APFO requirements for school adequacy. Lorraine Staley agreed to proceed with planning the project as senior housing. A text amendment will still need to be prepared as the Victoria Park amendment does not apply to the R4 residential property of the Staleys.
Ms. Rollins presented the charter amendment needed to complete changes made to the town election date and terms of the Burgess and Commissioners. Commissioner Weddle pointed out that the changes had been made by a motion in the December 10, 2003 town meeting, so the resolution was not needed.
7. WILLIAM STREET REPLACEMENT DISCUSSION
Mr. Dennis Miller presented cost estimates for sections of William Street, George Street, and Hahn Circle. Commissioners decided to consider the information during the budget process.
8. UPDATE COMPREHENSIVE PLAN
Ms. Hauver discussed Frederick County’s recommendation that the Town change the Comprehensive Plan designation on the agricultural property proposed as the location of the Banner School. The Town has already approved a special exception to establish the use on the property. Commissioner Weddle updated the commissioners on the status of the Frederick County approval of the Water and Sewerage Plan amendment required to allow the school to connect to public facilities instead of developing on a well and septic system. Apparently, while the amendment was approved by the previous Board of County Commissioners, County staff neglected to send in the proper paperwork to MDE for their approval. Meanwhile, the new Board of County Commissioners decided they would like to revisit the previous approval. It is assumed it is their intention to now deny the Water and Sewerage amendment request in accordance with the County staff recommendation. Commissioner Weddle feels their actions are illegal. The Town will investigate amendments needed to the comprehensive plan to implement the project.
9. EQUESTRIAN RIDING RING
Notice was given last year to the Heritage Farm Equestrian group that the riding ring was not being used and the Town planned to dismantle it.
Commissioner Don Schildt made a motion, seconded by Commissioner Sam Eyler, to remove the fence at the HFP riding ring as soon as weather permits. The motion passed by a vote of
5-0.
10. ACCOUNTS PAYABLE
Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to pay the attached bills. The motion passed by a vote of 5-0.
11. COMMISSIONERS’ CONCERNS
Commissioner Schildt updated the commissioners on the Farmers’ Market committee meeting. The market will run from June 6 through September 26 this year. Planning is underway.
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Chad Weddle, to allocate $500 for Farmers’ Market expenses. The motion passed by a vote of 5-0.
Commissioner Schildt also noted that planning for the Memorial Day Service is ongoing. He asked that notification to citizens be included in the May water bills. He is also looking for a veteran of the Iraq War to speak at the ceremony.
Commissioner Sam Eyler expressed his concern that the mulch pile area is totally muddy. Bob and Dennis will contact the county to see what can be done.
12. CITIZENS QUESTIONS AND CONCERNS
George Rudy, 11 W. Crum Road, informed commissioners of his concerns regarding the Steve Hauser issue. He gave a history of their relationship and the steps he had attempted in finding Mr. Hauser a job. After some time, Commissioner Weddle asked Mr. Rudy to cut to the chase. Mr. Rudy concluded by informing commissioners he would send the town a certified letter, to which he expects a reply as to the status of the situation.
Chimanlal Patel, 263 Providence Circle, expressed his desire learn more about the planning and zoning process with regard to the proposed Staley apartments. He will meet with Ms. Hauver to go over his questions.
Dawn Long, of Dublin Road, expressed her concern that the commissioners allow Mr. Rudy to come before them and discuss the personal aspects of a person’s mental and physical situation. She was also concerned that Mr. Rudy felt it necessary to include her on his agenda of items to discuss at the meeting, as she is a property owner near to the situation and had responded to Mr. Rudy’s mass emailing. She concluded her comments by asking Mr. Rudy what more did he want as Mr. Hauser’s eviction from the property was in process.
Kevin Folk, 239 Winter Brook Drive and President of the Winterbrook HOA, urged commissioners to stick to the APFO in regards to allowing the Staleys to build apartments across from the Winterbrook subdivision. He also noted that the town snowplows drive too fast through his neighborhood. He also asked for help with an area where subsidence continues after it’s filled with dirt. Dennis Miller will look at the area and see what can be done.
Russell Winch, Pennsylvania Avenue, informed commissioners that the scouts would be doing clean up in town parks on the Big Sweep Day.
Commissioner Donald Schildt made a motion, seconded by Commissioner Sam Eyler, to hold a closed meeting to discuss property acquisition. The motion passed by a vote of 5-0.
The meeting adjourned at 8:40 p.m.
Respectfully submitted,
Gloria Long Rollins
Town Manager