MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

April 9, 2008

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, April 9, 2008, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Donald Schildt, Chad Weddle, Russell Winch, and Debbie Zimmerman, Town Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, Public Works Director Bob DePaola, 29 citizens, TFC Ramona George, and 2 press, Sarah Fortney of the Frederick News-Post and Jeremy Hauck of the Gazette.

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

1. MINUTES

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Russell Winch, to approve both sets of minutes of the March 26, 2008 Town meeting and Closed personnel meeting. The motion passed by a vote of 3-0-2, with Commissioners Sam Eyler and Don Schildt abstaining.

2. PUBLIC HEARING ON ORDINANCE 2008-01 – DELETING CERTAIN SPECIAL EXCEPTIONS FROM THE AGRICULTURAL DISTRICT

Ms. Hauver reviewed special exceptions that will be deleted by the proposed ordinance – the ordinance deletes Public and private educational facilities, Places of worship, Community services, public utilities and other public facilities, Private clubs, Recreational facilities, and Antique shops. The Planning Commission voted 5-2 to recommend postponing consideration of the Ordinance until the Comprehensive Plan is reviewed and updated.

David Moxley, 8939 Woodsboro Pike, spoke against the ordinance noting that 1) it will decrease the value of farmland within the Town, and 2) that there are currently no institutionally zoned properties. He stated that ag land should be preserved elsewhere, not where infrastructure is already in place.

George Rudy, 11 West Crum Road, stated that he was concerned about due process, that no farmers were notified and invited to the hearing. He felt that something is amiss and that it is a disingenuous hearing.

Commissioner Debbie Zimmerman made a motion to postpone this ordinance to be considered during the Comprehensive Plan update process. The motion died for lack of a second.

Commissioner Don Schildt made a motion, seconded by Commissioner Sam Eyler, to adopt Ordinance 2008-01 deleting specific special exception uses from the Agriculture District. The motion passed by a vote of 4-1, with Commissioner Zimmerman in opposition.

Commissioner Zimmerman expressed her concern that farmers who annexed into the Town in 1979 did so with these special exceptions in place and available to them. She stated that it’s terrible to do this to the old town farmers.

3. PUBLIC HEARING ON COMPREHENSIVE PLAN AMENDMENT – INSTITUTIONAL USES

Ms. Hauver reviewed proposed amendment to the Comprehensive Plan which includes the following:

The addition of 15 properties to the Institutional land use designation. These properties include churches, the water tower in Heritage Farm Park, the future library site, and the future site of the Banner School. Most of the properties are considered semi-public uses.
Changes to the plan text describing the Institutional Plan designation and adding Institutional Use policies.

The Planning Commission has recommended adoption of the amendment to the Comprehensive Plan and comments were received from State agencies concerning the amendment.

There were no comments from the public during this public hearing.

Commissioner Russ Winch made a motion, seconded by Commissioner Sam Eyler, to adopt the changes outlined to adopt institutional zoning in the Comprehensive Plan. The motion passed by a vote of 5-0.

4. INTRODUCTION OF ORDINANCE 2008-03 TO TRANSFER PROPERTY TO FREDERICK COUNTY FOR A NEW LIBRARY FACILITY IN WALKERSVILLE

Ms. Rollins presented the Ordinance with deed prepared by Town Attorney David Severn. This paperwork will need to be completed in order for the Town to allot the parcel for the new library building.

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Don Schildt, to introduce Ordinance 2008-03 to transfer property to Frederick County for the new library. The motion passed by a vote of 5-0.

5. CITIZENS’ QUESTIONS AND CONCERNS

Boy Scout Troop 886 was in attendance for their citizenship badge. Scouts asked some interesting questions such as "What are you all talking about?," "Are we losing money due to the water crisis, i.e. manure spill?",

George Rudy, 11 W. Crum Road, expressed his concern at a "March 26^th unilateral action taken by the Town to shut down Crum Road in the middle of a Saturday afternoon without consideration of the senior citizens who don’t use Rt. 194." He asked that the motion be reconsidered for closing the road for the "Ride for the Red" American Red Cross fundraiser. He noted that he had prepared a petition for signatures by the neighbors, but none would sign other than he and his wife, "due to their fear of retribution from the Town." Burgess Whitmore suggested that Mr. Rudy "chill out" and a lively discussion ensued regarding the definition of "chill out" and Mr. Rudy’s time consuming position papers presentations to the Burgess and Commissioners and town staff. After a time, in the midst of the exchange, TFC Ramona George intervened to update the Burgess and Commissioners and concerned citizens regarding the contacts she had made with Dr. Barthlow and assured everyone that all necessary adjustments would be made to insure the safety and convenience of the residents with the street closing a maximum of 2 hours.

John Pooole, 38 Fulton Avenue, asked if the Town was planning on recouping the expenses associated with recovering from the manure contamination of January 29^th. Burgess Whitmore explained that the process is in the hands of the Town Attorney at this point. Mr. Poole also expressed his concern that if the Town built the emergency water line connecting to the Frederick County water supply, that at some point the County would take over the line and approve and hook up houses along the way. Mr. Poole also notified the Town that 50 acres adjacent to the Town’s Heritage Farm Park has been purchased by Mr. Stup, the owner of Tea-Bow Farm.

David Moxley, 8939 Woodsboro Pike, asked several questions regarding uses of his property for a greenhouse or auction and whether he could continue to use well and septic for these uses. He also asked if he needed to present a site plan to the Planning Commission in order to put up the appropriate buildings for these uses. Ms. Hauver stated that to her knowledge, the Planning Commission has not been involved in the approval process for farm buildings. Mr. Moxley also stated that his neighbors on Crum Road are infringing on his property again. They have removed his "NO Parking’ signs and are now parking in his property. Commissioner Weddle advised that he put up towing signs and tow the cars.

6. ADVERTISE FOR INDEPENDENT FORESTER FOR LOGGING

Ms. Rollins went over recommendations from Michael Kay of the Maryland Department of Natural Resources. He recommended the Town hire an independent forester to help with managing a timber sale on the Town’s watershed property.

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Don Schildt, to hire and independent consultant forester. The motion passed by a vote of 5-0.

7. MDE FINANCIAL ASSISTANCE UPDATE

Ms. Rollins presented another fax received from Maryland Department of the Environment inquiring whether the Town would be interested in obtaining loan funding for the Glade Road Waterline Extension. While the Town is willing to provide water to the citizens in the county who have been affected by the manure contamination, it would be expected that the State provide the capital grant funds to run the water lines to do so.

Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to check Box A, Loan Amount requested in the amount of $250,000. The motion passed by a vote of 5-0.

8. SHA RESPONSE RE: ROUTE 194 BETWEEN CRUM ROAD AND GLADE BLVD

Ms. Rollins presented a letter from the State Highway Administration which indicates they will conduct a review, based on the Town’s comments, to determine if additional traffic control measures would be beneficial along Rt. 194. They expect to complete the review in June and meet with the Town at that time to discuss the results and recommendations.

9. AWARD CLEANING CONTRACT

Commissioner Don Schildt made a motion, seconded by Commissioner Chad Weddle, to award the Town Hall cleaning contract to the low bidder, Kenneth Berkowitz at $866.67 per month. The motion passed by a vote of 5-0.

10. 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 4-1, with Commissioner Chad Weddle in opposition.

11. COMMISSIONERS’ CONCERNS

Commissioner Russ Winch expressed his concern that the stormwater management pond at Sun Meadow has no grates over the pipe. He is concerned that children will find amusement playing in the storm pipes. Staff notified him that the Frederick County inspectors recommend no grates, but fencing if concerns warrant it.

Commissioner Debbie Zimmerman notified commissioners that there are problems at Heritage Farm Park with idiots using the lacrosse parking lot to dump their branches and brush at the mulh pile. She noted the mulch pile has expanded by at least 100 feet encroaching on the parking lot. Burgess Whitmore suggested pushing the brush back and installing a jersey wall to prevent further issues. Mr. DePaola will check on the pricing of jersey walls. Commissioner Zimmerman notified commissioners that the loop road at Heritage Farm Park is being redesigned and redirected through the softball fields. The mulch pile will be segregated by one driveway so that the lacrosse area cannot be abused.

Burgess Whitmore suggested not closing the parks at night in order to alleviate the problems of people not leaving at sunset and getting locked in the parks. This suggestion met with multiple disagreements to its benefits.

Commissioner Russ Winch made a motion, seconded by Commissioner Don Schildt, to hold a closed legal meeting. The motion passed by a vote of 3-2, with Commissioners Weddle and Zimmerman in opposition.

Bob DePaola reported that Allegheny Power will charge the Town $1,500 to move utility pole(s) in order to install the sidewalk to nowhere on Crum Road.

TFC Ramona George reviewed police stats for the month of March.

Commissioner Schildt recommended that citizens attend the Frederick County hearing on May 15^th at 7:00 p.m. for the proposed fire tax options.

There was no further business so the meeting adjourned at 9:15 p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager