MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

August 12, 2009

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, August 12, 2009, 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 Attorney David Severn, Town Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, Planning Commission members Lin Snider, Lynn Moberly, Tim Pollak, John Zimmerman, Dick Brady, TFC Ramona George, 23 citizens, and Ron Cassie of the Frederick News-Post.

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

1. MINUTES

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Russ Winch, to approve the Town Meeting minutes and two sets of Closed Legal meeting minutes of July 8, 2009. The motion passed by a vote of 4-0-1, with Commissioner Donald Schildt abstaining.

2. CENTURY CENTER ANNEXATION PETITION

Krista McGowan, attorney for Jim Fitzgerald, along with Seamus Fitzgerald and Joe Brown, surveyor, presented the applicant’s request for annexation of 195 acres to be zoned LI Limited Industrial. Included in the submission is a proposed ordinance which would add provisions to Section 88-58.1 of the zoning ordinance, "Special provisions governing annexed lands". The new provisions would (1) allow open section roads in industrial districts where the minimum lot size is 2 acres; (2) allow development in industrial districts to be permitted on private wells and/or septic systems until public water and/or sewer systems are available, provided public services are planned within 5-7 on the County Water and Sewerage Plan and dry lines are installed at the time of site development; and (3) allow the Planning Commission to approve more than one principal structure and use on any single lot.

Commissioner Russ Winch reiterated previously expressed concerns regarding the well and septic request being inconsistent with planning and zoning policies, railroad right of way issues, and control of the design of the proposed donated water system.

Ms. McGowan explained building permit issuance leading to water tap allocation leading to construction commencement leading to taxation of the property. Mr. Fitzgerald noted that they have acquired a temporary permit to drill a test well. They will provide the well producing 300,000 gallons and extend the water plant’s treatment capacity if needed to treat the additional volume of water.

Burgess Whitmore expressed his ongoing problem with the request for well and septic.

Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to introduce Ordinance 2009-06 to amend the Town Code by adding Subsections D, E, F, and G to Chapter 88, Article VIII, §88-58.1, Special provisions governing annexed lands. The motion passed by a vote of 3-2, with Commissioners Don Schildt and Russ Winch in opposition.

3. GROSSNICKLE PROPERTY – DISCUSSION WITH PROPERTY OWNER OF POTENTIAL ANNEXATION

Clay Martz, of Martz & Fisher, and Scott Miller, of Weinberg & Miller, were present representing Monroe Grossnickle. They informally discussed the benefits of annexing the balance of the Grossnickle Farm into the Town with an industrial zoning classification. They also expressed concern that the property is designated Agricultural on the Draft Frederick County Comprehensive Plan; the Limited Industrial designation shown on the Town Plan and the most recent Walkersville Region Plan was changed. He said that the County is waiting to hear from the Town as to its wishes for the property.

Burgess Whitmore noted that the Grossnickles had sent mixed signals to the Town as to their interest in annexing. He said that the Town’s offer to annex the property in an agricultural classification was off the table at this point. Mr. Martz attributed to the mixed signals to Mrs. Grossnickle, who passed away about 10 months ago. Mr. Martz stressed the importance of the Grossnickle property for ingress and egress to the church as a critical issue.

Commissioner Chad Weddle made a motion, seconded by Commissioner Debbie Zimmerman, to draft a letter to Frederick County asking that the Grossnickle property maintain its LI (Limited Industrial) designation. The motion passed by a vote of 5-0.

4. CITIZENS’ QUESTIONS AND CONCERNS

Stuart Simons, Life Scout from Troop 1070, updated commissioners on his Eagle Scout project of recycling old electronics. He has made arrangements with E-end to allow drop off and storage of the recyclables and has developed a price list for participants. Discussion ensued about getting the word out via advertising in the Gazette, flyers, Cable Channel 99, local radio stations, and the Town’s website. We await notification of the final arrangements so that information can be disseminated.

5. FREDERICK CITY ANNEXATIONS (CRUM AND THATCHER)

Ms. Hauver asked whether the Town would like to offer comments regarding the annexations of properties along Rt. 15 into Frederick City.

Commissioner Russ Winch made a motion, seconded by Commissioner Donald Schildt, to submit comments in opposition of the annexation of the Crum and Thatcher properties into Frederick City. The motion passed by a vote of 3-2, with Commissioners Debbie Zimmerman and Chad Weddle in opposition.

Commissioner Weddle commented that he does not appreciate other jurisdictions trying to control what the town does; therefore he would not support attempts to interfere with other municipalities’ annexation plans.

6. FREDERICK COUNTY DRAFT COMPREHENSIVE PLAN

Ms. Hauver asked whether the Town would like to offer comments regarding the Frederick County Draft Comprehensive plan, particularly with regard to the change in the growth boundary around the Town. The boundary was retracted to include areas within the Town limits and industrial properties in the railroad corridor southwest of the Town. The rest of the area around the Town is designated as part of a Priority Preservation Area.

Commissioner Chad Weddle made a motion, seconded by Commissioner Donald Schildt, to encourage Frederick County to keep the Walkersville the same on the County plan as previously presented, i.e. no changes are acceptable. The motion passed by a vote of 5-0.

 

7. DISCUSSION OF STREET NAME AT FOUNTAIN ROCK ROAD AND SHEETZ

The Town is in process of building a street to connect Fountain Rock Road and Stauffer Court behind the Sheetz. This will be constructed to make it safer to enter Rt. 194 at the light rather than directly from Fountain Rock Road. "RICHARD WINN LANE" has been accepted by the powers that be for the name of the new street.

Commissioner Donald Schildt made a motion, seconded by Commissioner Chad Weddle, to name the new street "RICHARD WINN LANE". The motion passed by a vote of 5-0.

8. ACCOUNTS PAYABLE

Commissioner Chad Weddle made a motion, seconded by Commissioner Russell Winch, to pay the attached bills. The motion passed by a vote of 5-0.

9. COMMISSIONERS’ CONCERNS

Commissioner Don Schildt reminded commissioners that plans to honor Harold Roderuck should be started.

Commissioner Chad Weddle thanked the State Police for the successful "National Nite Out" activities that they had at Creamery Park. Commissioner Chad Weddle made a motion, seconded by Commissioner Russ Winch, to send a letter to the State Police. The motion passed by a vote of 5-0.

Burgess Whitmore asked commissioners to approve the Glade Cemetery to store their extra fill dirt at the end of Eyler Court. Commissioner Russ Winch made a motion, seconded by Commissioner Chad Weddle to allow the dirt to be stored. The motion passed by a vote of 5-0.

REMINDER – TOWN ELECTIONS WILL BE HELD ON MONDAY, SEPTEMBER 14TH, 2009. PERSONS INTERESTED IN RUNNING FOR THE OFFICE OF BURGESS OR COMMISSIONER NEED TO COMPLETE THEIR CERTIFICATE OF CANDIDACY BY AUGUST 17TH.

10. CITIZENS’ QUESTIONS AND CONCERNS

George Rudy, 11 W. Crum Road, presented his document entitled "Walkersville Fire Tax and Related Issues" with attached Editorial and Statement of Concern to the Board of County Commissioners. Commissioner Don Schildt, Citizen Chad Weddle, Burgess Ralph Whitmore, Fire Company President Austin Shroyer, Vaughn Zimmerman, Commissioners Russ Winch and Sam Eyler responded to Mr. Rudy’s presentation.

 

There was no further business so the meeting adjourned at 8:50 p.m. on a very positive note.

Respectfully submitted,

Gloria Long Rollins

Town Manager