MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

September 23, 2009

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, September 23, 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 Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, TFC Ramona George, approximately 19 citizens, and Ron Cassie of the Frederick News-Post.

BULK TRASH PICKUP WILL BE OCTOBER 10, 2009.

WALKERSVILLE COMMUNITY SHOW is September 30 – October 2 with a grand finale dinner in support of the Future Farmers of America.

The meeting was then called to order by Burgess Ralph Whitmore, with the Pledge of Allegiance.

1. MINUTES

2. PUBLIC HEARING ON ORDINANCE 2009-07 TO APPROPRIATE FUNDS FROM TOWN RESERVES

George Rudy, 11 West Crum Road, stated that funds should not be used to bail out wrongdoing. He handed out several documents with 2 proposed alternatives.

Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to adopt Ordinance 2009-07 to appropriate public money from the Town reserve funds for the purpose of acquiring certain real estate in accordance with the terms and conditions of a proposed litigation settlement agreement and a contract of sale in Civil Action No. RDB 08-1763. The motion passed by a vote of 5-0.

3. CITIZENS’ QUESTIONS AND CONCERNS

NONE

4. PROPOSED AMENDMENTS TO THE FREDERICK COUNTY WATER AND SEWERAGE PLAN

Commissioner Russ Winch reported that the Planning and Zoning Commission would like the Burgess and Commissioners to draft a response to the county’s proposed amendments to the Frederick County Water and Sewerage Plan. If passed, the County would require that all proposed requests for the extension of water and sewer service be consistent with the land use designation on both the County Comprehensive Plan as well as any applicable municipal plan. If either plan designates the property in question for conservation or agriculture, the property owner would not be permitted to apply for a change to the Water and Sewerage Plan, even if within a municipality and/or supported by the municipality in question. Currently, proposal must be consistent with one plan or the other, depending on whether the property in question is located within a municipality or its planned growth area. The County is also in the process of updating its Comprehensive Plan map so it is likely that there will be a divergence between municipal plans and the County Plan. Mr. Winch spoke in favor of the amendments as he felt that the amendment would require cooperation between municipalities and the county. Ms. Hauver and Mr. Dick Brady also offered comments in response to the proposed amendments.

5. PROPOSED AMENDMENTS TO THE FREDERICK COUNTY APFO

The amendment to Frederick County’s APFO would require that its provisions relating to the adequacy of public school be applicable to all residential development proposals, both within municipalities and the areas of the county outside municipalities. Currently, the provisions only apply to areas outside municipalities. If a municipality has an APFO but its standards for determining adequacy are not as strict as Frederick County’s, then Frederick County’s standards would apply. The Town’s APFO allows a finding of adequacy to be made if the schools are at or below 105% capacity; the County’s standard is 100%. The same previous concerns were expressed regarding infringement upon municipal rights. Burgess Whitmore expressed concern that Frederick City’s lack of an APFO causes their school kids to be bussed to Walkersville resulting in our schools being overcapacity.

Commissioner Weddle expressed his belief that counties and municipalities should not try to infringe upon each other’s rights. However, he would rather not comment as he supports one county-wide standard.

6. ACCOUNTS PAYABLE

7. COMMISSIONERS’ CARES AND CONCERNS

Commissioner Donald Schildt asked Mr. Rudy if he planned to apologize for his previous statements that the Burgess and Commissioners did not have the safety of the Town citizens as a priority. Mr. Rudy stated that we would be apologizing to him when all is said and done.

Commissioner Chad Weddle reviewed once again, for the benefit of the press in attendance, the details of the settlement with TeaBow Farms.

Ms. Rollins notified commissioners of concerns arising from the most recent water cut-off day. Of the 41 scheduled cut-offs for non-payment of water bills, several citizens became abusive and harassing of town staff, to the point of calling staff at their home, swearing and threatening staff as they reconnected turned off water. She suggested that no water operator venture out to reconnect water without being accompanied by a resident trooper or a Sheriff’s deputy.

The new policy will be placed on the November 1 water bills.

Another issue with water turn-off occurred in Discovery, where a resident built a shed over the water turn-off valve. We will contact the Discovery HOA to see if they have rules to assist in insuring that structures are not placed over the water utility property. Staff will draft a letter giving 30 days for the removal of the shed.

Burgess Whitmore announced that Ms. Rollins had been instrumental in the negotiations with the Town Attorney and TeaBow Farms and their representatives. He also noted that it was her birthday and with a wave of the hand, Commissioner Weddle appeared with a beautiful birthday cake, complete with lighted candles. All were invited to stay after the meeting and enjoy a piece of cake. WOW!

There was no further business so the meeting adjourned at 8:05p.m.

Respectfully submitted,

Gloria Long Rollins Susan Hauver

Town Manager Planning & Zoning Administator