MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

October 10, 2007

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, October 10, 2007, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Jim Reid, 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 56 citizens, and 1 press, Gina Gallucci of the Frederick News-Post.

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

1. MINUTES

2. PROPOSED AMENDMENT TO ORDINANCE 2007-15

Commissioner Chad Weddle went over scheduled meetings for the proposed ordinance. A vote by the Planning Commission is scheduled for Tuesday, October 23, and a hearing before the Burgess & Commissioners is scheduled for Wednesday, October 24. Based on the Town Code, no change or departure from any amendment as recommended by the Planning Commission can be made unless resubmitted to the Planning Commission. He will attend the October 23 Planning Commission meeting, as he indicated to the applicant’s attorney, and indicate to the Planning Commission the proposed amendment to Ordinance 2007-15. If the Planning Commission agrees to the amendment and forwards as such to the Burgess and Commissioners, then the Burgess and Commissioners don’t have to amend, and resubmit to the Planning Commission, and then receive a second recommendation from them.

Justin Hayes, representing the Ahmadiyya Muslim Community, noted that he had not anticipated the process Commissioner Weddle described and will review the rules of procedure to see if they are agreeable.

Commissioner Weddle reminded those in attendance that if they wished to address the issues of the ordinance, they should reserve their comments until the public hearings, on October 23 before the Planning Commission, and on October 24 before the Burgess and Commissioners, and the special exception hearing before the Board of Appeals on November 1 at 7:00 p.m. He noted that citizens are always welcome to express their concerns, but that comments tonight would not be recorded as public testimony as this is not the hearing.

Ms. Hauver noted that the Planning Commission had already held their public hearing and most likely no further public comments would be accepted the night of October 23, although written comments received before then would be entered into the record. The Planning Commission Chair can decide whether to accept further public testimony the night of the hearing, but at this point the plan is only to vote on the recommendation.

Commissioner Schildt commented that quite a few citizens had called him to say nothing had been advertised about the workshop on the proposed amendment. Ms. Hauver explained that is was not an agenda item that she was given in advance of the workshop. Attendees to the meeting were made aware of it as it was read into the record and listed on the board. Commissioner Eyler noted that it was also on the radio.

3. CITIZENS’ QUESTIONS AND CONCERNS

Ed Marino, of 268 Providence Circle, noted that he is continuing his comments from that last time he was here and asked Commissioners if his lengthy email had been distributed to them and did they take any action on it. He stated that the ads placed by the Ahmadiyya Community contain statements that are self serving and are not supported by due diligence by an independent party. He stated our public officials must conduct due diligence on every issue, question, and concern raised through electronic means, conversations, or even through Frederick News-Post editorials. He stated we are continually presented with fuzzy details. His opinion is that it is their objective that Walkersville become the Mecca of America. He stated that their plans are expanding exponentially, and that if the officials do not do their due diligence the outcome may be irreversible.

David Haller, of 202 White Ferry Court, asked about the legislative process and the story in the Frederick News-Post that referred to the Commissioners considering a "grandfathering" provision to the legislation being considered. He stated that it was not on the agenda, so were they considering a grandfathering clause and are they considering a second amendment or the original amendment that was introduced in August. Commissioner Weddle stated that nothing would be considered tonight because what was introduced is in the process of being reviewed by the Planning Commission. He explained that the Planning Commission has the authority to amend, change, approve or disapprove what the Commissioners sent to them for consideration. He stated that if the Commissioners did anything to that original amendment, then the Planning Commission would have to hold another public hearing on that change, which would prove to be a more colluded process, therefore nothing would be changed tonight by the Commissioners. He noted that the Planning Commission will vote on the amendment on October 23 and could add the grandfathering provision at that time to their recommendation to the Commissioners, who would then hold a public hearing prior to their vote on it.

Robert Taylor, 8 Wyndale Drive, stated that his property is right across the street and if that thing gets built he’ll have to look at it every day. He’ll have to look at that big building sticking out where it doesn’t belong and it doesn’t sit well with him. He stated that water and the traffic light at Rt. 194 also are concerns. He hears accidents all the time and it’s a matter of time before somebody dies. He stated that he missed the last meeting, that he read on the USA Today link that people in Walkersville are thought to be racist. He moved here 3 years ago from Montgomery County and loves it, but if it gets built he’ll have to move somewhere else.

Ed Stockdale, of 305 Glade Blvd., noted the size of the proposed buildings in relationship to the size of the current house. Everything looks huge. There are several roads to the property. He encouraged everyone to look at the magnitude of what is being considered.

Mark Mowen, of 100 Smithfield Court, stated that there is false information being circulated such as it wouldn’t be any different than the size of the carnival that we have once a year with 5,000 people. He stated that it will be 10,000-15,000 "outside" people, not the people of the community who attend the carnival. He stated it will be a permanent drain on community resources like sewer, whereas the carnival is not. He doesn’t like the traffic jams during the carnival but tolerates it because it is the community. He questions what right any group has to come in here and bring 5-10K people together and use the community for their purposes. He dislikes some of the reporting that is going on and inferences that if you say one word negative about a group, that it’s discrimination. He stated that the majority of the Town would be discriminated against if they are forced to tolerate something that they are against. He referenced the Maryland Department of Planning objectives and needed growth for the community. He would like to keep the character of the town the way it is. He stated that the group obviously has a lot of money to sway public opinion, based on the size of the newspaper ads that they place. He wants everyone who is against the change in zoning to band together and sign the petition that he has drafted.

Commissioner Weddle reminded citizens that regardless of whether the proposed ordinance is passed or not, the November 1 Board of Appeals hearing will take place. One does not affect the other. He noted that Mr. Mowen may want to change the wording of his petition.

Betty Oden Knill, 71 W. Frederick St., stated that she was not in favor of anything going on that property that is within her view.

Robert McGill, 302 Holleybrooke Court, attorney, would like to piggyback on what others have said so far, to dispel any notion that the people of Walkersville are racist or anti-Muslim. He moved here from Gaithersburg because he wanted to live in a small town with a diverse set of people, who are welcoming, open arms, and friendly. He loves the post office, talking to the "Debbies", the local hardware store, and the small town atmosphere. He states that it is an oxymoron and an inconsistency when an outside group states that they want to become part of our community, but then wants to impose something that the community doesn’t want. He doesn’t understand why they don’t spend the time to become part of the community and then buy some land and invite their neighbors to move here. He stated this is not a religious issue, he doesn’t care should it be a Catholic Church or a Wal-mart, that this convention center/gymnasium is about the change of the character of this community. He stated that is a matter of protecting and preserving the character of our community and that it is this body’s job to protect the quintessential aspect of why we live here.

Commissioner Donald Schildt noted that he is upset that a few of the people in the audience did not say the Pledge to the Flag and he wanted to make everyone aware of it.

4. UPDATE ON TOWN-INITIATED ANNEXATIONS

Ms. Hauver referred to information included in the Commissioners’ packets. The Nicodemus family has agreed to the annexation in writing, while the Grossnickles have not. Town Attorney has advised us to proceed with the Nicodemus property annexation.

5. ACCOUNTS PAYABLE

6. COMMISSIONERS’ CONCERNS

Commissioner Don Schildt announced target date for mid-November for mailing care packages to our military citizens. He asked the public for names of local servicemen and servicewomen, for donations of items to include in the packages or monetary donations. He announced that the Legion has blue star flags for any families who have sons or daughters in Iraq at this time.

Commissioner Jim Reid read the ad aloud that was recently placed in the Gazette by the Ahmadiyya community. He read that the Muslim community is proposing a place of worship with ancillary multipurpose buildings with facility being built on approximately 1 (one) acre. It will include 2 high school size gymnasiums available for the local community in Walkersville. The remainder of the 224 acres will remain GREEN and only once a year during the summer, a large gathering will be held over a weekend. The event will be held in temporary tents. The attendance will be 5-10 thousand, a family event, people will be shuttled in from Frederick from the hotels in order to diminish the impact on the weekend traffic. The ad states the proposal will not affect the character of the community and the area around the facility will remain in active agricultural use. He notes these are important statements and wants to know if these statements are true. He wants to insure that these are the true facts.

Burgess Whitmore informed citizens that Section 66B of the Maryland State Law is the law regarding zoning and land use and that is what the Town will follow in all these processes.

Discussion ensued with citizen Mark Mowen regarding public sewer facilities, Frederick County’s Ceresville pump station capacity, and the requirement that any building on the Moxley property would be required to hook up to public sewer.

9. CITIZENS’ QUESTIONS AND CONCERNS

Conrad Bangh, of 1 Crum Road, encouraged review of the map which shows the temporary parking area for the proposed facility and stated that there is no way that the land could also be used for farming or a green area.

Ed Marino, again came to the podium to comment. He asked everyone to note that the studies conducted per the application were conducted by someone with an interest in obtaining the exemption and are self serving. He urges that any local farmers who would be interested in farming the site, per the application, recuse themselves from any vote associated with this exemption.

June Stockdale, of 305 Glade Blvd., notes contradictions in the application regarding rural character of the property being maintained. She encouraged everyone to get a copy of the application from Town Hall. She stated that the health department requires one portable toilet per one hundred people, and that by doing the math the annual convention would generate at least 500 porta-johns. Commissioner Reid noted that one potty for every one hundred people would generate 50, not 500, porta-pots. Ms. Stockdale continued by notifying everyone that the height of the structure will be 58 feet high with a 60 foot spiral atop.

A citizen asked if the Commissioners had been in touch with any other communities who have had the experience of a large facility like this coming to the community. She also noted, as a 25 year resident, that several of the previous speakers who said they have lived here for 3 years and have moved here because they wanted to enjoy a small community, have in fact, had an impact themselves on our small community. Burgess Whitmore noted that he has been a resident for 60 years.

Discussion continued on with questions regarding legalities of limitations on activities held on the property and the powers of the Board of Appeals.

Terry Napier, of 205 Cobble Way, noted discrepancies in documents that she has read regarding use of the property. She would like clarification on this and all previous inconsistencies.

Discussion ensued about the Silver Spring location, information available on websites. Commissioner Weddle notified that he has received a letter from Ike Leggett, Montgomery County Executive Officer, and from the Montgomery County Chief of Police, both stating that the Ahmadiyya Community is a good neighbor in Montgomery County.

Mark Mowen asked if this issue could be taken to referendum and was told that legally, it cannot be done on a Board of Appeals decision.

Mark Mullen asked how the required interaction with the citizens for the zoning process, per the State of Maryland, can be accomplished when most of the citizens were not in the room. Commissioner Weddle explained that written comments are always accepted. He also explained the difference between legislation and zoning decisions that can be taken to referendum, while land use decisions cannot. If the criteria are met for a special exception, then regardless of everyone being against it, the special exception is granted. It is not a majority rules situation. He reiterated that the Board of Appeals can only look at fourteen items for basis of their decision. Mark Mowen continues to discuss the Maryland Planning website. He suggested that the Town does not follow the principals laid out on the Maryland Planning website.

Ms. Hauver addressed Mr. Mowen’s concerns, stressing the Planning Commission’s adherence to the Maryland State requirements for planning. She stated that they meet up to 2 times per month for the purpose of carrying out the proper public process every 6 years, resulting in the 2003 Comprehensive Plan. She stated that they pay very close attention to the State Law and comply with it, even though he has not been a part of it. She explained that the zoning law comes out of this process, that the agriculture zone was set up based on the comprehensive plan, lists of special exception uses were based on the comprehensive plan, and this is law that we go by when an application for a special exception is received. She noted that all these things fit together per the state law and none of it has been done in the dark, as his comments alluded.

Mr. Mowen further stated that he would like to see the application placed on hold until a lawyer could be hired. Ms. Hauver stated that rules of procedure require that the applicant is entitled to a hearing within a reasonable amount of time. The Board of Appeals may continue the case based on needing more information, but it is not reasonable to delay the hearing when requested materials have been received and the public has been notified.

The Board of Appeals will hold a meeting tomorrow night for the purpose of adopting rules and procedures for the upcoming hearing.

The meeting adjourned at 8:50 p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager