MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

May 14, 2008

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, May 14, 2008, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Donald Schildt, Chad Weddle, and Russell Winch, Town Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, Public Works Director Bob DePaola, TFC Ramona George, 26 citizens including members of Boy Scout Troops 1070 and 1636, 2 press, Sarah Fortney of the Frederick News-Post and Jeremy Hauck of the Gazette.

Commissioner Zimmerman was not able to make the meeting.

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

1. MINUTES

Commissioner Russ Winch made a motion, seconded by Commissioner Don Schildt, to approve the minutes of the April 23, 2008 Town meeting, correcting "gee simple" to "fee simple", and the closed legal meeting. The motion passed by a vote of 4-0.

 

2. PUBLIC HEARING FOR DONATION OF LAND FOR FREDERICK COUNTY PUBLIC LIBRARY

Ms. Hauver reviewed the requirement that if the Town is donating land to Frederick County for a library, it must be determined that the Town has no public use for the property. She noted that an ordinance has been introduced and passed to transfer the property along with a deed to Frederick County. At a previous meeting, discussion regarding a "reverter clause in the deed" resulted in further deliberations with the county over wording in the transfer. Burgess Whitmore stated that he had met with representatives from the library and had agreed to change the reverter clause to language which gave the Town approval of any use of the property if other than a library. The Town Attorney is drafting the language for the documents.

Suzan Thompson, 12 Liberty Street, asked how much larger the parcel of land and new facility will be and how it compares to what we have now and how will the adequate parking be provided. Ms. Hauver informed everyone that the new facility is proposed to be 15,000 sq. ft. versus the current 2,500 sq. ft. library. Frederick County performed a feasibility study that shows adequate parking of 50 spaces will fit on the site.

Commissioner Winch provided clarification that the previous reverter clause, reverting the property back to the Town if not used for a library, has been changed to require approval of use by the Burgess and Commissioners if there is a change of use proposed for the site (other than a library).

Commissioner Chad Weddle made a motion in compliance with the Town Charter, seconded by Commissioner Russ Winch, to convey the 2 acre parcel of land to Frederick County for a library deeming it not needed for town public purposes. The motion passed by a vote of 4-0.

3. CITIZENS’ QUESTIONS AND CONCERNS

Pat Yoingco asked why bottles and cans are not being recycled at Heritage Farm Park. Town staff, under the leadership of Bob DePaola, will attempt to install recycling barrels and we will cross our fingers that this will catch on to a greater extent than placing trash in the trash cans has.

Wanda Heurich, Gladetowne HOA, reported that 5 Crum Road has not been mowed since last fall. While it has been called in multiple times, there has been no response to the town’s notices. Maintenance staff will be directed to mow the property and staff detectives will find out which bank is the foreclosure culprit and bill them for the work. The bill can also be attached to the property and collected at a property settlement.

David Hall, of Troop 1636, requested that new playground equipment be added to Creamery Park, such as a climbing fort/jungle gym, a tot climber for different age children. Burgess Whitmore directed Mr. Hall to consider making his presentation to the Parks Committee that meets the first Wednesday of most months

Suzan Thompson, 12 Liberty Street, thanked the Burgess and Commissioners for their ordinance which limited special exception uses on agricultural property. She noted that the idea of putting 2,500 homes in Mr. Pleasant, as announced in the Frederick News-Post headlines, is a travesty and encouraged the Town to do everything possible to prevent the City of Frederick from annexing land on this side of the Monocacy. She also requested setting up special meetings for citizens to be educated on the town’s zoning ordinances. Ms. Thompson also presented a poster showing a proposal to place a star of cobblestone or red pavers in the center of the intersection at Five Points. Mr. DePaola will check on the feasibility and cost of installing a star into the street.

Tristan Norman, asked what could be done about the proposed 2,300 houses to be built along Liberty Road.

David Hall asked how the town is chartered and who is elected and who is appointed. He also thanked commissioners for the new crosswalk at McDonalds.

Steven Zimmerman asked that when the star is installed at Five Points it include "Walkersville, MD, founded 1892".

Dylan Briske asked if there was a way for the town to prevent future water contaminations.

Cody St. John asked what is being done with the old library building after the new library is built.

 

4. ORDINANCE 2008 -04 ADDING §88-24.3.1 REGARDING SPECIAL EXCEPTION FOR THE BANNER SCHOOL

Commissioner Chad Weddle reviewed the history of proposed Ordinance 2008-04, which outlines the timeline of The Banner School application and approvals from the Town and Frederick County to build a school on an agriculturally zoned property within the town limits. The proposed ordinance adds §88-24.3.1 which exempts a development from provisions adopted by Ordinance 2008-01 if the developer has obtained a special exception from the Board of Appeals within one year prior to the effective date of the ordinance.

Commissioner Chad Weddle made a motion, seconded by Commissioner Russ Winch, to introduce Ordinance 2008-04. The motion failed by a vote of 2-2, with Commissioners Don Schildt and Russ Winch in opposition.

 

5. ORDINANCE 2008-05 AMENDING §80-4 TO ALLOW LEGAL MOTOR SCOOTERS ON TOWN STREETS IN COMPLIANCE WITH MARYLAND LAW

Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to introduce Ordinance 2008-05 which puts Town Code in compliance with newly passed Maryland law allowing motor scooters and motorized scooters as defined by the State on town streets. The motion passed by a vote of 4-0.

6. RELEASE ESCROW FUNDS FOR ST. TIMOTHY’S CATHOLIC CHURCH

Ms. Hauver reviewed St. Timothy’s Roman Catholic Church’s request for a reduction in funds held in escrow for improvements completed as part of their fellowship hall addition. The Town is holding $33,167 as follows: $3,240 Sediment control, $6,782 Stormwater management, $12,090 Water, and $11,055 in contingency funds. Staff recommends releasing the $12,090 held for the water improvement and hold contingency funds held for water until the end of the warranty period.

Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to release escrow funds to St. Timothy’s Roman Catholic Church in the amount of $12,090 for water per staff recommendation. The motion passed by a vote of 4-0.

7. INTRODUCTION OF FY 2009 GENERAL FUND AND WATER FUND BUDGETS

Ms. Rollins reviewed proposed budgets and noted changes since preliminary budget workshop of April 23, 2008.

Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to introduce the General Fund budget as Ordinance 2008-06 with the addition of $20,000 for a code enforcement officer and the Water Fund budget as Ordinance 2008-07 as presented. The motion passed by a vote of 4-0.

 

8. MML LEGISLATIVE ACTION REQUEST

Ms. Rollins encouraged the Burgess and Commissioners to ponder issues that they would like to present to the General Assembly through the Maryland Municipal League staff.

 

9. REAPPOINTMENT OF 5 PARKS COMMITTEE MEMBERS

Commissioner Zimmerman (not present) had provided a list of current Parks Committee members who were interested in being reappointed to serve another term. Those interested are Jim Beard, Jeff Deschamps, Wanda Heurich, Thom Beckley, and Artie Fauble.

Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to reappoint Jim Beard, Jeff Deschamps, Wanda Heurich, Thom Beckley, and Artie Fauble, and to advertise for one position on the Parks Committee. The motion passed by a vote of 4-0.

 

10. NEW HEALTH PLAN RECOMMENDATION

Ms. Rollins reviewed the Blue Cross CareFirst Health Savings Account High Deductible plan. Dissatisfaction with the current health plan had been discussed previously.

Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to approve the Blue Cross CareFirst new health plan as recommended by staff. The motion passed by a vote of 4-0.

11. ACCOUNTS PAYABLE

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

12. COMMISSIONERS’ CONCERNS

Commissioner Don Schildt expressed his concern at the condition of Commerce Drive, which is a private road owned and to be maintained by the three banks and the nursing home. He noticed a small car in the recent rain storms buried up to the windshield in the full pothole on Commerce Drive. Staff was directed to check the status of the road repairs with Clagett Enterprises, the management company for the property.

Commissioner Schildt noted that the rehab of the basketball court was a success and a job well done.

Commissioner Schildt asked the status of his concern about adopting English as the official language of Walkersville. Ms. Rollins noted that the requested copy of the Taneytown resolution was included in the commissioners’ meeting packets. Discussion of the proposal will be scheduled for the next meeting agenda.

Commissioner Winch asked staff to provide Walkersville information and history books to the Frederick County Chapter MML.

Commissioner Don Schildt made a motion, seconded by Commissioner Russ Winch, to hold a closed legal meeting to discuss a legal matter. The motion passed by a vote of3-1, with Commissioner Weddle in opposition.

Ms. Hauver informed commissioners that the next Board of Appeals meeting has been postponed. There will be no meeting on May 20th.

Mr. DePaola notified commissioners that Allegheny Power will move the light pole on Crum Road within the next 2 months, so maintenance staff will be able to install the sidewalk to nowhere as requested.

The Town received a request for "Children at Play" signs for the Sun Meadow subdivision. Commissioners directed staff to place "Keep Kids Alive – Drive 25" signs instead, at the entrances of all town subdivisions.

13. CITIZENS’ QUESTIONS AND CONCERNS

Andrew Dipasquale, counsel to the Banner School, encouraged commissioners to reintroduce Ordinance 2008-04 at the May 28, 2008 town meeting.

14. OATH OF OFFICE FOR CLARA WINCH TO ETHICS COMMISSION

Burgess Whitmore administered the Oath of Office to Ms. Clara Winch who was recently appointed to the Town’s Ethics Commission.

There was no further business so the meeting adjourned at 8:50 p.m.

Respectfully submitted,

 

 

Gloria Long Rollins

Town Manager