MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

May 28, 2008

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, May 28, 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, 13 citizens, 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 Don Schildt made a motion, seconded by Commissioner Chad Weddle, to approve the minutes of the May 14, 2008 Town meeting and the closed legal meeting. The motion passed by a vote of 4-0.

 

2. PUBLIC HEARING TO ADOPT TAX RATE

There were no public comments.

Commissioner Don Schildt made a motion, seconded by Commissioner Sam Eyler, to adopt the Town’s current tax rate of 15.6˘ per $100 of assessed value of real property for FY 2009. The motion passed by a vote of 4-0.

3. PUBLIC HEARING TO ADOPT GENERAL FUND AND WATER FUND BUDGETS

There were no public comments.

Commissioner Don Schildt made a motion, seconded by Commissioner Chad Weddle, to adopt the General Fund and Water Fund budgets for FY 2009 as presented. The motion passed by a vote of 4-0.

 

4. PUBLIC HEARING ON ORDINANCE 2008-02 – ZONING TEXT AMENDMENT ON LIBRARY PARKING

Ms. Hauver reviewed the ordinance as recommended for approval by the Planning Commission. The ordinance amends §88-10, Off-street parking, to add parking spaces required for Libraries at a ration of 1 space for each 400 square feet of floor area. The Planning Commission also recommended changing the ratio for Institutions, clubs, lodges, and other public and semipublic buildings to be restated from 10 spaces for each 1,000 square feet of floor area to "1 space for each 100 square feet of floor area".

There were no public comments.

Commissioner Russ Winch made a motion, seconded by Commissioner Chad Weddle, to adopt Ordinance 2008-02, adding parking for Libraries at 1 space for each 400 square feet of floor area, and with the change recommended by the Planning Commission, for Institutions at 1 space for each 100 square feet of floor area. The motion passed by a vote of 4-0.

 

5. PUBLIC HEARING ON ORDINANCE 2008-05 – COMPLIANCE WITH STATE LAW REGARDING LEGAL MOTOR SCOOTERS

There were no public comments.

Commissioner Chad Weddle made a motion, seconded by Commissioner Russ Winch, to adopt Ordinance 2008-05 aligning the Town Code with state law in regards to legal motor scooters. The motion passed by a vote of 4-0.

6. CITIZENS’ QUESTIONS AND CONCERNS

Karen Green, 962 Woodsboro Pike, asked if it would be possible to hook up her tenant house at 9347 Devilbiss Bridge Road to town water. Burgess Whitmore told her the town could supply the water but she would have to jump through several hoops before it could happen. Some of the hurdles are 1) she would need to annex the property into the Town, 2) this requires a property survey which incorporates the property into the Town’s metes and bounds description, 3) the Town tap fee of $4,250, 4) and getting on the Frederick County Water/Sewer map.

Mike Riley, of 240 Deer Run Drive, asked for a reduction in his May water bill of $1,859.31. A water leak occurred due to erosion of his copper pipe. Burgess Whitmore explained that the Town policy is to recalculate the bill using institutional water rates. This would reduce his bill by $417.

Andrew DiPasquale, representing the Banner School, asked Commissioners to reintroduce Ordinance 2008-04, which allows a developer who has obtained a special exception from the Board of Appeals within the prior year to the effective date of Ordinance 2008-01 to be exempt from the provisions.

7. DISCUSSION OF ENGLISH AS OFFICIAL LANGUAGE

Commissioner Don Schildt urged that a resolution be introduced declaring that English is the official language of the Town of Walkersville. He suggested it be worded as the ordinance adopted by the City of Taneytown.

Commissioner Don Schildt made a motion, seconded by Commissioner Russ Winch, to introduce Resolution 2008-04 adopting English as the official language of the Town of Walkersville. The motion passed by a vote of 4-0.

 

8. FARMERS’ MARKET

Ms. Rollins reminded everyone that the Farmers’ Market 2008 Season begins on Wednesday, June 4th, and every Wednesday, through September, from 4:00 p.m. through 7:00 p.m.

 

9. AD FOR CODE ENFORCEMENT OFFICER

Commissioners reviewed the job description and procedures for a Town Code Enforcement officer.

Commissioner Chad Weddle made a motion, seconded by Commissioner Russ Winch, to advertise for a Town Code Enforcement officer. The motion passed by a vote of 4-0.

 

10. AWARD BID FOR MAIN STREET WATER LINE REPLACEMENT

Burgess Whitmore reviewed the 10 bids received for replacement of the water main on Main Street and Pennsylvania Avenue. Bids ranged from $405,597.25 - $860,375.00.

Commissioner Don Schildt made a motion, seconded by Commissioner Russ Winch, to award the project to W.F. Delauter & Son, low bidder, in the amount of $405,597.25, as per staff recommendation. The motion passed by a vote of 4-0.

 

 

 

11. IMPASSE WITH TRANSFER OF LAND TO FREDERICK COUNTY FOR LIBRARY

Burgess Whitmore reviewed the timeline and discussions regarding the transfer of 2 acres on Glade Road to Frederick County for building the new Walkersville library contained in the Frederick County CIP. The original paperwork contained a "reverter clause", which would return the parcel to the Town should Frederick County discontinue its use as a library. The county requested the reversionary language be deleted. Burgess Whitmore met with several representatives of the county and the library and arrived at a compromise. He agreed to amend the reversionary language to language giving the Town the right to approve any use of the property other than for a library. The county would not agree to this. The Town further suggested amending the language to agreeing that the land be used for a public purpose but is subject to Walkersville zoning and site plan review. Once again the county bulked, agreeing to be subject to Walkersville zoning and site plan review, but not perpetual public use. Apparently they want the option to sell the property to a non-governmental buyer. Thus, we have arrived at an impasse and are not hopeful for the future location of the library.

12. UPDATE CHAPTER 47: PEDDLING AND SOLICITING

Commissioner Chad Weddle and Ms. Rollins will review Chapter 47 of the Town Code and determine if changes should be made to update the chapter. It involves the issuing of peddlers permits to door to door salesmen, etc. and the information required to issue the permit.

13. SIDEWALKS FOR WILLIAM STREET/HAHN CIRCLE PROJECT

Burgess Whitmore reviewed town policy of installing sidewalks as new street projects are implemented. Town engineers are working on engineering for William Street and Hahn Circle reconstruction. There are currently no sidewalks in the area. The Town has tried in the past to connect all areas of the town with sidewalks when possible. Commissioner Schildt expressed his concern that it would not be fair to all the citizens who are required to replace and maintain their sidewalks per Town Code.

Commissioner Chad Weddle made a motion, seconded by Commissioner Russ Winch, to continue the Town’s policy of adding sidewalks to street projects as they are implemented. The motion passed by a vote of 3-1, with Commissioner Schildt in opposition.

14. ACCOUNTS PAYABLE

Commissioner Don Schildt made a motion, seconded by Commissioner Russ Winch, to pay the attached bills. The motion passed by a vote of 3-1, with Commissioner Weddle in opposition.

15. COMMISSIONERS’ CONCERNS

Commissioner Schildt noted that we had not done a good job of advertising that we were not holding a Memorial Day Ceremony. He received 30 phone calls from people upset about no notice about Memorial Day.

Commissioner Schildt commended Burgess Whitmore and officers from the fire and rescue companies who testified in opposition to the increase in fire tax for the Walkersville residents. They were successful in keeping the rate as it is.

Commissioner Schildt asked the status of the star project at Five Points. Bob DePaola will be in contact with Mrs. Thompson who presented the idea to the commissioners at the last meeting.

16. REINTRODUCTION OF ORDINANCE 2008-04 ADDING §88-24.3.1

Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to reintroduce Ordinance 2008-04, which allows a developer who has obtained a special exception from the Board of Appeals within the prior year to the effective date of Ordinance 2008-01 to be exempt from the provisions. The motion was defeated again by a vote of 2-2, with Commissioners Schildt and Winch in opposition.

17. COMMISSIONERS’ CONCERNS CONTINUED

Commissioner Russ Winch noted that he really likes the new crosswalk signs located on Frederick Street in front of McDonalds and the middle school. He noticed that he has actually seen traffic slow down upon approach to the signs and would like to see them installed at all crosswalks in town. Commissioner Weddle explained that prior to Commissioner Winch’s election it was decided to install 2 crosswalk signs and evaluate the effects over a year and determine when and if to add more.

Burgess Whitmore reminded citizens of the Bulk Trash pickup on Saturday, May 31st, and encouraged citizens to plop their stuff at the curb Friday night.

Burgess Whitmore noted that he and town staff would be meeting with Town Attorney Danny O’Connor to proceed with legal measures regarding the manure spill.

Burgess Whitmore announced he is scouting for volunteers to help with the carnival but he won’t take just anybody. Please contact him if interested in helping with the carnival.

Andrew DiPasquale, representing the Banner School, again asked Commissioners to reintroduce Ordinance 2008-04, when Commissioner Debbie Zimmerman is able to attend. The ordinance allows a developer who has obtained a special exception from the Board of Appeals within the prior year to the effective date of Ordinance 2008-01 to be exempt from the provisions.

 

There was no further business so the meeting adjourned at 8:35 p.m.

Respectfully submitted,

 

 

Gloria Long Rollins

Town Manager