MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

October 24, 2007

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, October 24, 2007, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners 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, an uncountable number of citizens (upwards of +155 people), and unknown number of press from various media. Commissioner Sam Eyler was absent due to recent surgery.

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

1. MINUTES

2. RESOLUTION 2007-06 HONORING SERVICE OF DENNIS E. MILLER

Commissioner Weddle read the resolution honoring the service of Dennis E. Miller, Public Works Director. Dennis will be moving to North Carolina and working for the City of Fayetteville. We will miss him immensely.

3. PUBLIC HEARING-ORDINANCE 2007-16 AND ORDINANCE 2007-17 – ZONING TEXT AMENDMENTS – ADULT LIVING COMMUNITIES IN R4 DISTRICT

Ms. Hauver reviewed zoning text amendment submitted by the Staleys for their property development of a 16 unit apartment complex located on Glade Road. The proposed ordinances amend the Zoning ordinance adding a definition of Adult Living Community and adding Adult Living Community as a permitted use in the R4 residential zoning district. Both text amendments were recommended for approval by the Planning Commission.

Kim Long, of 200 Silverstone Drive, noted that as an employee of Frederick County Public Schools and a school counselor, she is against the text amendment for several reasons. She is concerned that more units will be built than are currently allotted for, and that grandparents become legal guardians of children thus impacting the schools.

Kevin Folk, of 239 Winterbrook Drive, President of the HOA, questions the need for more than one definition of a senior housing facility, he reiterates his support for the Adequate Public Facilities Ordinance in its current form and asks that it not be watered down with unnecessary exemptions.

He stressed that infrastructure should be in place before any further residential projects are approved.

Michael Staley, applicant and developer of the property, noted that the property will generate less than one child per Frederick County Public Schools.

Commissioner Chad Weddle made a motion, seconded by Commissioner Debbie Zimmerman, to defer the vote on Ordinance 2007-16 and Ordinance 2007-17 until the Wednesday, December 12, 2007 Town meeting. The motion passed by a vote of 3-2, with Commissioners Schildt and Reid in opposition and Burgess Whitmore breaking the tie in favor of the motion.

4. PUBLIC HEARING ON ORDINANCE 2007-18 – ADEQUATE PUBLIC FACILITIES TEXT AMENDMENT- EXEMPTION OF ADULT LIVING COMMUNITIES FROM SCHOOLS TEST

No further comments were made publicly. The record will remain open until December 1, 2007.

5. PUBLIC HEARING ON ORDINANCE 2007-15 – ZONING TEXT AMENDMENT – DELETION OF INSTITUTIONAL USES FROM AGRICULTURAL DISTRICT

Ms. Hauver summarized the zoning text amendment which proposes to remove from the agriculture district the following special exception uses: public and private educational facilities, places of worship, community services, public utilities and other public facilities, private clubs, and antique shops. She noted, for the record all written comments received pertaining to the ordinance. She referenced the staff report in the case file which describes the effect of the proposed ordinance on agricultural properties and other institutional properties. She highlighted that if approved there would be about 110 undeveloped acres that would be zoned in the category that would allow institutional uses, and would make the agriculture district more restrictive, and would directly effect two development proposals that are currently in process (i.e. the Banner School proposed on Biggs Ford Road, and the Ahmadiyya proposed use of the Moxley Farm). The ordinance would require an institutional use to go through another process. Currently, this would be a Board of Appeals process. If the ordinance is approved, the properties would have to go through rezoning, and outside the comprehensive rezoning process, would require a finding of a change or mistake in the zoning. She summarized the correspondence in the case file as follows: Justin Hayes of Linowes and Blocker requesting the ordinance not be approved, George Rudy of 11 West Crum Road requesting denial of the ordinance, George Rudy of 11 West Crum Road suggesting a conflict of interest for Mr. John Zimmerman, anonymous statement of concerns and questions, 2 letters from David Moxley, one from Sixx and Associates, one from J. Hunter Pugh, both appraisers evaluating effect of ordinance on value of Moxley property, Richard Brady of the Planning Commission suggesting postponement until there are institutionally zoned properties in town, email from Suzan Thompson of 12 Liberty Street in support of the ordinance, email from Lee xxx of Laytonsville, MD with advice on the ordinance, letter from David Moxley suggesting violation of Federal Land Use and Institutionalized Persons Act, difficulty in finding a change or mistake in the zoning, difficulty with finding proper water and sewer for the property, letter from Commissioner Chad Weddle to the Planning Commission indicating motion to defer decision until after the Board of Appeals, email from Mel Hawes of Daysville Road in favor of the ordinance, email from Laura Grimes Hartley with concerns about infrastructure, George Rudy letter stating opposition to ordinance as blatant act of discrimination. Case file includes copies of advertising for the hearing and notifications to agriculture property owners.

Commissioner Weddle reminded citizens to keep their comments focused on the ordinance at hand and not the application for the special exception use that will be heard by the Board of Appeals. He also noted that the Town Attorney has advised that John Zimmerman, Planning Commission member, and Debbie Zimmerman, Town Commissioner, will not be required to recuse themselves in the matter of the Planning Commission’s recommendations on the ordinance or the Burgess and Commissioners’ approval of the ordinance.

Citizens in opposition to the ordinance speaking on the public record:

2. Dick Kopp, 8389 Devon Lane

4. David Moxley, 8939 Woodsboro Pike

5. Robert Green, attorney Storcer & Green,

6. Justin Hayes, attorney Linowes & Blocker

7. George Rudy, 11 West Crum Road

Citizens in favor of the ordinance:

1. Julie Ferguson, Main Street

2. Jennifer Alvarez, 297 Kenwood Place

18. Andrew Dipasquale, Attorney with Miles & Stockbridge representing the Banner

School

1. Chad Weddle, Town Commissioner, 69 West Frederick Street
2. Ken Leib, 113 Bedrock Drive

Burgess Whitmore called for a 10 minute break in the meeting. Meeting reconvened at 10:05 p.m.

6. CITIZENS’ QUESTIONS AND CONCERNS

George Rudy, 11 West Crum Road, summarized his recommendations regarding the Board of Appeals adopted Rules of Procedure.

7. APPROVAL OF DRAFT MANAGEMENT DISCUSSION AND ANALYSIS FOR FY2007 AUDIT

8. VERIZON LEASE AND BUILDING REQUEST

9. APPOINT TEMPORARY ALTERNATE TO BOARD OF APPEALS

Burgess Whitmore recommends Vaughn Zimmerman as the Alternate to the Board of Appeals, in light of the recusal of Irene Weddle, until February 1, 2008. Commissioner Don Schildt made a motion, seconded by Debbie Zimmerman, to confirm Burgess Whitmore’s appointment of Vaughn Zimmerman as Alternate to the Board of Appeals. The motion passed by a vote of 4-0.

10. SNOW POLICES – REVISE CODE

Discussion of snow policies, implementation of ticketing system and vehicle towing is postponed until another meeting.

11. HERITAGE FARM PARK SOFTBALL FIELD FENCE AWARD

12. SALT SPREADER AWARD

13. ACCOUNTS PAYABLE

14. COMMISSIONERS’ CONCERNS

Commissioner Don Schildt announced that the committee for gifts to our military will be inviting parents of service men and women to the first meeting in November, in order to present each family with a blue star flag from the American Legion. He also announced that packages will be mailed in mid-November.

Burgess Whitmore commended town office staff on the job they are doing, especially Planning & Zoning Administrator Susan Hauver, handling the barrage of calls, email, letters, requests for information regarding the current issues.

Burgess Whitmore commended town employee Martha Bush on an excellent job saving the town $1,000 per week on the water plant salt contract.

Commissioner Reid noted that he is sad there are so few names of our military service people submitted to receive packages from the gift committee.

Wanda Heurich noted that the Parks Committee meeting for November 7 is not listed on the agenda sheet.

The meeting adjourned at 10:25 p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager