MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

September 12, 2007

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, September 12, 2007, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Donald Schildt, Chad Weddle, and Debbie Zimmerman, Town Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, Public Works Director Bob DePaola, Public Works Supervisor Dennis Miller, approximately 38 citizens, and 1 press, Jeremy Hauck of the Gazette. Commissioner Jim Reid was absent, and Commissioner Chad Weddle arrived late.

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

1. MINUTES

2. CITIZENS’ QUESTIONS AND CONCERNS

Conrad Bangh of 1 Crum Road, expressed concerns about the proposed retreat center on the Moxley farm, across from his home. He stated he does not think Walkersville can handle it. He stated it does not compare to the carnival that is here one week with 90% of the people attending the carnival from Walkersville or the surrounding areas and are our neighbors. He does not understand why they need 200+acres to build a 30,000 square foot building with parking. He wants to know who polices the conditions and stipulations put on the property should the center be approved. He asks the following questions: Who would tell them "no" to 3 or 4 meetings a year? Who can he get these answers from? Does it go back to the appeals board? He stated we can address the religion part, although that doesn’t mean anything. We have 13 churches here, all Christian. He stated diversity is fine, but when you bring in 10 - 20,000 people, the diversity changes to 75% Muslim, 25% Christian. His main concern is the traffic, where’s it going to go, where are they going to stay? He stated that all these things need to be answered before he would let them do anything.

Bruce Duncan of 12 Wyndale Drive, relayed that upon his meeting some of the gentlemen from the Ahmidayya community, and speaking with them for a while, one thing they felt they needed to mention was that they were decent folk and we were decent folk. Mr. Duncan expressed that the notion that they felt the need to say this is a sad commentary on the climate in this country. The fact that they felt the need to explain that they are decent goes to the state of prejudices and biases that exist in this country today. He stated that if people heard there was a Lutheran group coming to form a retreat center there and did not pause for thought about that, but have a different reaction to this group is something to think about. He urged the commissioners to debate this on the merits of the practicality of the parking and other issues and leave the rest of it out. He asked that we be an example for the rest of the country in regards to religious and political issues.

Dan Barrows of 8995 Water Street Road stated that the property in question is west of his property and he can see the Walkersville water tower. He moved to this area because it was an affordable small town and it felt like home. He stated he is a Baltimore Ravens fan and bleeds purple, but would not want a Ravens stadium in that location because this town cannot handle it. He cannot imagine looking at the sunset he now sees and having it drastically changed by some architecture that stands, in most of the world over, for oppression. He stated that everyone has a right to worship how they please and has to answer to God when they leave this earth. He stated he does have a problem with a religion that oppresses women. He has four daughters and would hate to see them put under a system whereby they are treated as cattle. He stated that religion is one thing, but geo-political ideology that says he doesn’t’ have the right to worship God as he chooses is another. He noted that if he was in another country where Islam is taught and upheld as the state religion, he would be shot for speaking out for what he believed in. He stated he would gladly die for his country but he is strongly opposed, with everything that is in him, to an Islamic community establishing a retreat center that swamps this town with an ideology that reverses what he believes in. He believes they have a right to live in this country, to not be persecuted, to worship God in their own way, but does not want a Muslim center at his front door, literally. He strongly urges that this be disapproved. (Continues for several more minutes)

Mark Mowen, 100 Smithfield Court, asked the following questions: what is the forum for resolving this issue? Is there supposed to be a consensus of the people, are there going to be environmental impact studies? What is the decision process? He hopes it will be a combination of a consensus of the people of Walkersville and that there will be a process to notify people so they can become part of the consensus. He stated that at this point he has only heard of this through word of mouth and a couple of blurbs on a radio station. Burgess Whitmore confirmed that he would like to know what the process is. Mr. Mowen stated he would like to offer his opinion and noted that the financial deal would not be able to be squelched based on any religious principal because that is not the American way. He stated that there are other overwhelming reasons that the deal should be squelched, i.e. environmental impact to the community. He has lived in Walkersville for 3 years and really enjoys the community. He would like it to remain pretty much the same. He does not see a reason that Walkersville needs to have a facility that will at times increase the population by 200-300%. As an engineer, he has noticed the power fluctuating in his house and can’t conceive that the Frederick power grid could support an increase of 5-10,000 people. He also mentioned water, sewer, fire and rescue, etc. He would like to know how this will proceed in a proper way. Mr. Mowen discussed the difference between the carnival being a community event attended by people who live here versus thousands of people coming to the town. He also discussed the persecution of the group and that it should be considered that they may present a target as 10,000 of them gather. It would not be an insignificant target and should be considered. He thinks terrorist would have incentive to pursue a target the size of this group. He does not see how the sale of the property could be approved based on the information alone that 75% of the people of Walkersville are against the sale. (Continues for several more minutes).

Commissioner Weddle explained that currently there are no requests before the Burgess & Commissioners regarding this property. He stated that the Ahmadiyya Community has applied for a special exception to use an agricultural property for their retreat center. This request will go before the Board of Appeals, not the Burgess & Commissioners. He noted that people will be able to provide testimony for or against the special exception during the Board of Appeals hearings. He noted that if more people wanted to speak on the subject before the Burgess and Commissioners, they could, but he likened it to going to the Post office to get their drivers license. The Board of Appeals is the forum to express concerns during the hearing process of the case. Commissioner Weddle informed Mr. Mowen that at the last town meeting he had introduced an ordinance that would take public and private educational facilities, places of worship, community services, private clubs, and antique shops out of the agricultural zoning because we recently passed an Institutional zoning district, which would cover these uses. He noted that this was introduced when the Banner School was trying to get their special exception to build their school in an agricultural district. He noted the special exception was granted but the county will not let them build because they will not provide sewer service to a property that is in a denied access sewer route in the agricultural district. The Institutional zoning was created to address the issues with the Banner School and the school may be able to apply for Institutional zoning and obtain their sewer connection. Commissioner Weddle noted that if the ordinance passes before Moxley property goes before the Board of Appeals for their special exception, the Board of Appeals must rule based on law as it exists when the case is heard rather than when the application if filed. If it passes that special exceptions for public and private educational facilities, places of worship, community services, private clubs, and antique shops are not permitted in the agricultural zoning, then the property would have to be rezoned to Institutional to allow for a religious retreat center. Commissioner Weddle directed that Mr. Mowen would want to attend the Board of Appeals hearing to express his concerns if his ordinance does not pass prior to that hearing or before the Burgess & Commissioners if the ordinance passes and they try to rezone the property. He stated it would be advertised on Channel 99, the property will be posted, and the newspaper will carry advertisement of the hearing. Mr. Mowen stated that unfortunately he doesn’t receive any newspapers or watch TV.

3. VERIZON GENERATOR

Ms. Rollins and Mr. DePaola directed commissioners to the specifications provided, per their request, by Verizon, for a proposed generator at the Crum Water Tower wireless site. The Town’s consultant recommends approval as it is a standard generator and is common practice among cellular providers to install generators. Mr. DePaola noted that the generator is smaller than the one located at town hall and just as quiet and will be enclosed within the Verizon enclosure.

George Rudy asked what the specs were and commented that the location was 35 feet from a residence. The specs were offered to Mr. Rudy.

4. PROPOSED TEXT AMENDMENTS – ORDINANCE 2007-16 DEFINITION OF "ADULT LIVING COMMUNITIES", ORDINANCE 2007-17 ADD "ADULT LIVING COMMUNITIES" TO LIST OF PERMITTED USES IN THE R-4 HIGH DENSITY RESIDENTIAL ZONING DISTRICT, ORDINANCE 2007-18 PROVIDE AN EXEMPTION FROM THE SCHOOLS TEST OF THE APFO FOR "ADULT LIVING COMMUNITIES"

Ms. Hauver reviewed the proposed text amendments for senior apartments for the Staley property. These apartments did not fit under the definition adopted for the Victoria Park project, so a definition for "Adult Living Communities" is proposed that all residents are over 55 years and amenities are provided to encourage health and wellness. Ord. 2007-17 adds this definition to the R-4 zoning district, and Ord. 2007-18 provides an exemption for the schools test of the APFO.

Commissioner Schildt commented that he will vote against 2007-17, that it is nothing personal against the Staleys, that he is conservative when it comes to development. He does not feel we should overload our town with senior complexes so that developers can avoid the APFO.

A hearing before the Planning Commission will be held on September 25.

5. 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.

6. COMMISSIONERS’ CONCERNS

Commissioner Schildt reported that the first committee meeting to organize mailings to active Walkersville-related military was held Wednesday, September 5, 2007 with 8-10 people attending. He announced that packages will be made by November 15. He asked for the community to submit names of local service people and for donations from businesses and the community.

Commissioners reviewed the high school request for the Homecoming Parade route and time frame. Commissioner Don Schildt made a motion, seconded by Commissioner Debbie Zimmerman, to approve the request for the Homecoming Parade. The motion passed by a vote of 4-0.

Burgess Whitmore reported on a meeting with town staff and Michael Marschner and Rodney Winebrenner regarding the capacity of the Ceresville Pump station. He said it is likely that there will be a hold on sewer approvals except for projects that are already designated S1-S3. Nothing below that will be moved forward until the developer-funded upgrade/expansion is completed at the Ceresville pump station.

Burgess Whitmore reported on a meeting with town staff, Sheetz, State Highway Administration, and Frederick County regarding the new town street behind Sheetz connecting Fountain Rock Road to Stauffer Court. The town is proposing to abandon the section of Fountain Rock from Rt. 194 to the new street, causing traffic to go to the light at the intersection. Sheetz, SHA, and Walkersville will work out the details.

9. CITIZENS’ QUESTIONS AND CONCERNS

"Calamity" Jane Abrecht of 27 Maple Avenue spoke of her opportunity to speak with a gentleman from the Ahmadiyya community. She stated they learned a lot from each other and that a lot of people are looking "inside the box" rather than "outside the box". "Inside the box" is religion, which she does not care about, they can worship as they want to and she will worship as she wants to. "Outside the box" is her water, sewer, traffic issues, and police protection. She stated that if Mr. Moberly were smart that farm could produce a lot more than it is producing now. She said a broad vision is needed to be a good farmer and produce something other than problems. She wants Walkersville to stay as Walkersville. She is a fifth generation in Walkersville and has seen a lot of changes in the farm land around here. She does not feel we are ready for this. We have a lot of out-of-staters living here already. She gave a historical prospective on the changes and growth in Walkersville and stated that there would be too much of an impact too quick. Ms. Abrecht reminded us all of the good old country cow sh%* smell of "home" in Walkersville.

As there were no further comments for the good of the community, the meeting adjourned at

8:20 p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager