MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

November 12, 2008

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, November 12, 2008, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Russell Winch, Donald Schildt, Chad Weddle, and Debbie Zimmerman, Town Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, Public Works Director Bob DePaola, TFC Resident Trooper Ed Muller, 15 citizens, and Jeremy Hauck of the Gazette. Also in attendance were Smith, Elliott, Kearns & Company CPAs David St. Clair and Wayne Becker, and State Highway Administration Engineers Sam DeLaurence and John Concannon.

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

1. MINUTES

2. PUBLIC HEARING ON ORDINANCE 2008-04- ZONING TEXT AMENDMENT TO EXEMPT THE BANNER SCHOOL FROM THE APPLICATION OF ORDINANCE 2008-01

Ms. Hauver reviewed Ordinance 2008-04, the zoning text amendment to exempt the Banner School from application of the effect of Ordinance 2008-01, which deleted public and private educational facilities; places of worship; community services, public utilities and other public facilities; private clubs; recreational facilities; and antique shops from the list of uses permitted by Special Exception in the Agriculture zoning district. Ordinance 2008-04 adds §88-24.3.1 "If a developer has obtained a special exception from the Board of Appeals for the Town of Walkersville within one year prior to the effective date of the enactment of Ordinance 2008-01 then the development shall be exempt from this provision of Chapter 88-24.3." The Planning Commission reviewed the ordinance at their October 28, 2008 meeting and recommended against approval of the ordinance. Ms. Hauver also noted that she had provided the commissioners correspondence from the Town Attorney.

Attorney Andrew DiPasquale, attorney for the Banner School, noted that the process which began over two years ago resulted in the Banner School receiving two separate approvals from the Board of Appeals, meeting all criteria to receive the special exception to build a private school in the Agriculture district. They achieved site plan approval from the Planning Commission and that, but for strained interpretations by Frederick County as to the extension of water and sewer service and but for an artificially short approval period in the Town ordinance, they would be fully constructed and occupied at this time. He stated that if the decision as recommended now by the Planning Commission is passed, it is completely incongruent with everything the Town has done over the past two years. He does not understand how this decision affects at all the denial of the Ahmadiyya special exception request.

3. CITIZENS’ QUESTIONS AND CONCERNS

Mark Forseth, representing the Banner School, spoke in opposition to the Commissioner’s decision to deny passage of Ordinance 2008-04. He noted that the Banner School has been going through this process with the Town and the County and has spent three-quarter million dollars for plans and approvals now wasted. He stated that to turn around and deny this now is inappropriate and not right. He stated that the Ahmadiyya application either met the criteria for approval or it did not, that it should have no relationship or effect on the Banner School decision.

4. AUDITORS’ REPORT AND PRESENTATION – TOWN OF WALKERSVILLE FINANCIAL STATEMENTS

Mr. David St. Clair, of Smith, Elliott, Kearns & Company, auditors, reviewed the financial reports and auditors’ opinion of the Town of Walkersville’s financial statements. He noted that the auditors’ opinion is that the town’s financial statements present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, and each major fund of the Burgess and Commissioners of Walkersville as of June 30, 2008.

5. RELEASE OF LETTER OF CREDIT FOR LANCASTER CRAFTSMEN BUILDERS

Ms. Hauver reviewed the request for release of the contingency funds for the Lancaster Craftsman Builders letters of credit for public improvements, sediment and erosion control, and stormwater management. The warranty period has ended and the County has signed off on all of them.

6. DISCUSSION WITH STATE HIGHWAY ADMINISTRATION REGARDING RT. 194, JAKE BRAKES, AND TRAFFIC STUDIES

Mr. Sam DeLaurence of the State Highway Administration addressed some of the Town’s questions. Burgess Whitmore informed him that we have a citizen who is concerned about the noise of the jake brakes on Rt. 194 and asked if the Town could place signs on the state highway banning jake brakes. Mr. DeLaurence stated that a jake brake is a type of engine brake that is an important legal safety device and that the Town cannot restrict the use of these engine brakes. He stated the problem is a modified or malfunctioning muffler system that makes noise exceeding 80 decibels. He stated that this can be enforced and inspected by an effort between the Maryland State Police Commercial Enforcement Division and Frederick County law enforcement. He said he has some grant funds available for enforcement and training for resident troopers to know what to look for. Commissioner Winch noted that he has seen signs in small towns restricting the use of jake brakes. Mr. DeLaurence said the Town cannot put up signs on the State Highway restricting use of an engine brake. Commissioners acknowledged the official statement from the State Highway official. Mr. DeLaurence said we can focus on the faulty systems. Discussion ensued with TFC Muller regarding who to contact to implement and work this.

Ms. Rollins asked for clarification on whether the intersection at Crum Road and Rt. 194 warrants a traffic light. The Town had been presented information by a Board of Appeals applicant that the intersection warrants a light, while being told by State Highway that the intersection does not warrant a light. Mr. DeLaurence reported that he has studied the applicant’s engineer’s report and found an error in the report. He stated that the east bound leg of Crum Road, has 2 lanes, one lane for right turn vehicles. The study included the right turn volume in the numbers to determine whether signalization was warranted, however the right turns should not be counted in the calculation when two lanes are working. He stated that there have been some crashes there and they are working to improve the intersection by installing new signal heads on the flashing lights, with black face and LED lights that will be brighter. The signage will be replaced with a black and yellow warning sign that will make the area more prominent to view.

George Rudy discussed his history with being located at the intersection. He complained that the school system is now routing school buses through the intersection and he has seen some close ones. He also noted that the poles on Rt. 194 are gray colored with very little reflective material and cause some major problems. He doesn’t buy that a light is not needed there.

7. DECISION ON "SLOW- CHILDREN AT PLAY" SIGN REQUEST FOR COLONY VILLAGE

In response to a previous request from Colony Village HOA, Commissioner Russell Winch made a motion, seconded by Commissioner Sam Eyler, to place 2 "SLOW-Children At Play" signs as requested in Colony Village, locations to be determined. The motion passed by a vote of 3-2, with Commissioners Chad Weddle and Debbie Zimmerman opposed.

8. VETERANS’ DAY CELEBRATION

Commissioner Don Schildt reported that the Veterans’ Day celebration was a success, well attended and enjoyed by all in attendance. Winners of the essay contest "Why A Veterans’ Day?" were:

Walkersville Elementary – 4^th Grade 1^st Place – Thomas Chapman

– 4^th Grade 2^nd Place – Kelcie Robertson

– 5^th Grade 1^st Place – Hannah Condren

– 5^th Grade 2^nd Place – Prabhav Parashar

Glade Elementary – 5^th Grade 1^st Place – Julianna Ven Douern

– 5^th Grade 2^nd Place – Dylan Ball

9. ACCOUNTS’ PAYABLE AND FINANCIAL STATEMENT REVIEW FOR 1^ST QUARTER FY 2009

10. COMMISSIONERS’ CONCERNS

Commissioner Chad Weddle thanked staff for the Veterans’ Day advertisement as it got out the word so more people could attend.

Commissioner Russell Winch announced that "Scouting for Food" was in process for the next few weekends. He also asked maintenance staff to check for the existence of a sinkhole around Bedrock Drive and Polaris as it is causing a lamp post to lean.

Commissioner Debbie Zimmerman reminded everyone of the annual Christmas Tree lighting gathering at Creamery Park on December 3, 2008 at 7:30 p.m.

There was no further business so the meeting adjourned at 8:20 p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager