MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

May 13, 2009

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, May 13, 2009, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Chad Weddle, Donald Schildt, and Debbie Zimmerman, Town Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, Public Works Director Bob DePaola, Town Attorney Danny B. O’Connor, Ron Cassie of the Frederick News Post and 39 citizens. Commissioner Russell Winch was off enjoying his son’s concert.

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

1. MINUTES

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Sam Eyler, to approve both the Town Meeting minutes and the Closed Personnel and Legal meeting minutes of April 22, 2009. The motion passed by a vote of 4-0.

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Sam Eyler, to approve the Closed Meeting with Fire and Rescue services personnel minutes of April 27, 2009. The motion passed by a vote of 4-0.

2. PUBLIC HEARING ON ORDINANCE 2009-03 – ZONING TEXT AMENDMENT TO REMOVE RESTRICTIONS ON POLITICAL SIGNS

George Rudy, of 11 West Crum Road, expressed his concern that the Town needs to have control over signs. He recommends that an independent legal opinion be obtained to determine exactly the constraints on regulating political signs so that order can be maintained.

Ms. Hauver reported that the Planning Commission had held a hearing and it recommends not deleting the political sign section in total, finding out what the ACLU is against in regards to political signs. She also noted that the Maryland Municipal League says some controls are allowed.

Commissioner Weddle explained that the Supreme Court allows any political signs, that it is a 1^st Amendment freedom of speech rights. Temporary signs allow 32 square feet. Time limits are totally not allowed by the law.

Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to amend the section to allow political signs not exceeding 32 square feet located within the property owner’s boundaries and with no time limits. The motion passed by a vote of 3-1, with Commissioner Don Schildt in opposition.

3. FIRE/RESCUE SERVICES DISCUSSION

Burgess Whitmore introduced the topic of the Town of Walkersville being overtaxed for fire and rescue services. The Town services are run mostly by volunteers so the taxes collected from the area are utilized in other areas of the county.

Jim Graham, Treasurer of the Fire Company, and Topper Cramer, Chief of the Rescue Company presented the history of the fire and rescue services within the Town and the first response area. In addition Vaughn Zimmerman summarized budget information from the County’s budget. He recommended that the Town request an immediate reduction in the Suburban tax rate for Walkersville and request a separate individual tax district that more adequately reflects the funds needed to operate the Walkersville Fire and Rescue companies.

Commissioner Donald Schildt made a motion, seconded by Commissioner Debbie Zimmerman, to request the Frederick County Commissioners cut the Suburban tax rate from 8¢ to 4¢ per $100 of assessed value and create a separate fire and rescue tax district for Walkersville and its first due response area. The motion passed by a vote of 4-0.

Commissioners appointed a committee of Vaughn Zimmerman, Jim Graham, and Topper Cramer to provide guidance on the drafting of the request to the County Commissioners.

4. CITIZENS QUESTIONS AND CONCERNS

George Rudy, of 11 West Crum Road, notified commissioners that he is working on a solution for the intersection of Crum Road and Rt. 194. In light of the recent accident whereby a vehicle landed in the lobby of the veterinary clinic, he is gathering an alliance of nearby homeowners’ associations and neighbors in old town Walkersville. They will be gathering signatures on petitions to attempt again to get State Highway Administration to install a full traffic light at the intersection.

5. FREDERICK COUNTY SITE PLAN FOR BETHEL WORSHIP CENTER

Ms. Hauver reviewed the general concept of the site plan for the Bethel Worship Center located outside of town limits at Rt. 194 and Daysville Road. Courtesy notification has been received from the County and formal comments are accepted. Commissioner Donald Schildt reiterated his position that all facilities should be hooked up to public sewer rather than septic fields, as is required in our Town Code. Commissioners agreed that staff should send comments to this effect.

6. INTRODUCTION OF BUDGET

Burgess Whitmore went through the proposed budget with his red pen, slashing $2,000 from Legal expenses, $50,000 from Planning & zoning expenses, $5,000 from Building maintenance, $5,000 from Code enforcement, $17,000 from Trash collection, $5,000 from Truck & equipment expenses, $3,000 from Library donation, $8,000 from Curb reimbursement program, and $10,000 from Fountain Rock Sheetz Street, totaling $105,000 to offset the cut by the County of the Town’s tax equity funding.

Commissioner Chad Weddle made a motion, seconded by Commissioner Donald Schildt, to introduce the General Fund Budget with Burgess Whitmore’s changes as Ordinance 2009-04.

The motion passed by a vote of 4-0.

Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to introduce the Water Fund Budget as presented as Ordinance 2009-05.

The motion passed by a vote of 4-0.

7. DRAWINGS FOR MEMORIAL PARK

Drawings for the location of the Desert Storm memorial and relocation of stones in Memorial Park were presented.

Commissioner Chad Weddle made a motion, seconded by Commissioner Donald Schildt, to approve the concept of Option 2 for the re/locations of the memorial stones and the placement of the new stone. The motion passed by a vote of 4-0.

8. UPDATE ON WINTERBROOK HOA SINKHOLE REPAIR

Ms. Rollins notified Commissioners that drafting of the agreement with Frederick County Public Schools is still in process, but it will include waiting until school is out to access the property for the repair.

Commissioner Chad Weddle made a motion, seconded by Commissioner Donald Schildt, to commence the sinkhole repair as soon as possible. The motion passed by a vote of 4-0.

9. AWARD CONTRACT FOR PAVING OF HERITAGE FARM PARK LOOP ROAD

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Chad Weddle, to award the paving of HFP Loop Road to Hoover’s Grading & Paving in the following amounts:

Phase 1- $162,100 and Phase 2, if done, $30,820. The motion passed by a vote of 4-0.

10. AWARD CONTRACT FOR TOWN HALL HEATING SYSTEM

Commissioner Chad Weddle made a motion, seconded by Commissioner Donald Schildt, to award the contract for the Town Hall boiler and tanks to Harris Heating and A/C in the amounts of $14,900 and $6,850 respectively. The motion passed by a vote of 4-0.

11. TOWN CODE CHAPTER 19 DISCUSSION/CHANGES

Commissioner Weddle will draft ordinance that addresses all changes required throughout the Code by the introduction of Chapter 19. This includes deleting misdemeanors that are already addressed within State law.

12. FREE LUNCH AT CREAMERY PARK

Connie Walker asked Commissioners for permission to use the Town’s Creamery Park facility to serve lunch from 12 noon – 2:00 p.m. every weekday during the summer for 25 – 40 kids.

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Sam Eyler, to allow the use of Creamery Park for serving the lunches. The motion passed by a vote of 4-0.

13. ACCOUNTS PAYABLE AND APRIL FINANCIAL STATEMENTS

Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to pay the attached bills. The motion passed by a vote of 4-0.

Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to acknowledge receipt of the April 2009 financial reports for the General Fund and Water Fund. The motion passed by a vote of 4-0.

14. COMMISSIONERS’ CONCERNS

Commissioner Schildt asked the status of the library. Ms. Hauver informed him that a preliminary site plan has been submitted, that most likely a blasting plan will be needed, and she has no idea if the old library will be turned over to the Town for its use.

Burgess Whitmore explained the notification included in the recent water bills. The notification of turbidity readings required by MDE went out on April 30, 2009. Burgess Whitmore declared the system worked.

Burgess Whitmore notified Commissioners that the Town’s street sweeper has gone kapluey. Mr. DePaola is investigating the possibility and pricing of contracting out the Town’s street sweeping needs.

Commissioner Donald Schildt made a motion, seconded by Commissioner Debbie Zimmerman, to hold a closed legal meeting to consult with legal council Danny B. O’Connor. The motion passed by a vote of 3-1, with Commissioner Schildt in opposition.

Delegate Paul Stull told commissioners that he is still investigating and working on grant funding sources in hopes of implementing the Town’s emergency water connection.

15. CITIZENS’ QUESTIONS AND CONCERNS

Walkersville Day is May 16^th!

Bulk Trash Day is May 23^rd!

There was no further business so the meeting adjourned at 9:05 p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager