MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

December 12, 2007

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, December 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, TFC Ed Muller, and TFC Ramona George, 26 citizens, and 2 press, Gina Gallucci of the Frederick News-Post, and Jeremy Hauck of the Gazette.

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

1. MINUTES

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Sam Eyler, to approve the Town meeting minutes of November 28, 2007. The motion passed by a vote of 4-0.

2. STALEY TEXT AMENDMENTS – ORDINANCES 2007-16, 2007-17, AND 2007-18

Ms. Hauver reviewed the 3 ordinances with respect to the Staley property. The Planning Commission held public hearings at their September 25, 2007 meeting and recommended approval of the ordinances. The Burgess and Commissioners held public hearings on the ordinances at their October 24, 2007 Town Meeting. The record remained open for public comment until December 1, 2007.

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Sam Eyler, to approve Ordinance 2007-16 that adds and defines the term "Adult Living Communities" in the Definitions section of the Zoning ordinance. The motion passed by a vote of 3-2, with Commissioners Weddle and Schildt in opposition, and Burgess Whitmore breaking the tie in favor.

Legal advice provided by Town Attorney David Severn on 12/18/07, "the Burgess does not have the power or authority to vote on an ordinance, even in the case of a tie vote." Therefore, the ordinance did not pass.

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Sam Eyler, to approve Ordinance 2007-17 that would add "Adult Living Communities" to the list of permitted uses in the R-4 residential zoning district. The motion passed by a vote of 3-2, with Commissioners Weddle and Schildt in opposition, and Burgess Whitmore breaking the tie in favor.

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Sam Eyler, to approve Ordinance 2007-18 that would allow "Adult Living Communities" to be exempt from the schools adequacy requirement in the Adequate Public Facilities Ordinance (APFO). The motion passed by a vote of 3-2, with Commissioners Weddle and Schildt in opposition, and Burgess Whitmore breaking the tie in favor.

Commissioner Schildt asked if there was any way that the citizens could overturn the above decisions. Ms. Hauver informed him that ordinances could be put to a referendum if a petition was received within 20 days of the passage of the ordinance. The petition must include valid signatures of at least 20% of the qualified voters of the Town of Walkersville.

Commissioner Schildt asked for an interpretation on C3-10 which states "A majority of the Commissioners shall constitute a quorum for the transaction of business, but no ordinance shall be approved nor any other action taken without the favorable votes of a majority of the whole number of members elected as Commissioners" versus C3-9 which states "The Burgess shall serve as President of the Commissioners. The Burgess may take part in all discussions, but he shall have no vote except in the case of a tie vote." Town attorney David Severn will be contacted for an interpretation of whether Burgess Whitmore can break the tie in a vote passing the above 3 ordinances.

3. APPOINTMENTS TO THE BOARD OF APPEALS

Burgess Whitmore recommended Vaughn Zimmerman for appointment to the Board of Appeals, to fill the vacancy created by the resignation of David Haller.

Commissioner Chad Weddle made a motion, seconded by Commissioner Debbie Zimmerman, to appoint Vaughn Zimmerman as a full time member of the Board of Appeals. The motion passed by a vote of 4-0.

Burgess Whitmore recommended Michael Kuster as alternate to the Board of Appeals.

Commissioner Chad Weddle made a motion, seconded by Commissioner Debbie Zimmerman, to appoint Michael Kuster as the alternate member of the Board of Appeals. The motion passed by a vote of 4-0.

4. CITIZENS’ QUESTIONS AND CONCERNS

George Rudy, of 11 West Crum Road, noted that there are no scheduled Town meetings until January 23, 2008, and asked for guidance on presenting a recommendation regarding videotaping of the Ahmadiyya Board of Appeals hearings before then. He also asked the audience, in hopes of a response and return, if anyone had switched out his overcoat with cell phone in the pocket at the December 6, 2007 Board of Appeals hearing.

Ed Marino, of 268 Providence Circle, asked a series of questions of the Burgess and Commissioners and town staff in regards to a Board of Appeals case scheduled to be heard by the Board of Appeals at a Board of Appeals hearing January 8, 9, 10, and 11, 2008. Procedural questions were answered, while specifics related to applicant, who will be presenting their request to the Board of Appeals, were not answered.

Kevin Folk, of 239 Winterbrook Drive and President of the Winterbrook HOA, noted his disappointment regarding Ord. 2007-16, 17, and 18, which passed in favor of the Staley property amendments. He noted that it was unfortunate that the vote took place separately from the hearing and that Kim Long’s testimony did not carry the weight needed to defeat the ordinances.

Robert McGill, of 302 Holleybrooke Court, relayed his concern and surprise that the Burgess and Commissioners would not be questioning and cross-examining the applicant at the Board of Appeals hearing.

Several more comments and questions were entertained from Ed Marino.

George Rudy interjected his recommendation for total video recording of the Board of Appeals hearing process and the allowance of subject matter experts for the applicant and any citizen who wants to present an opposing view. He noted that even though the Board of Appeals Rules of Procedure do not include this notion, the attorneys should be familiar with this and allow it.

5. RESPONSE TO "SLOTS IN FREDERICK COUNTY

Commissioners had no response.

6. CROSSWALKS/SIGNAGE TO SLOW TRAFFIC ON FREDERICK STREET

Burgess Whitmore presented staff accountant Martha Bush’s suggestion for crosswalks and signage on Frederick Street to slow traffic speeds. Several towns have the traffic calming device of the cobblestoned crosswalk with the road center mounted sign regarding pedestrian crossing.

Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to install one (1) traffic slowing pedestrian crosswalk and signage near the McDonald’s location on Frederick Street. The motion passed by a vote of 3-1, with Commissioner Schildt in opposition.

7. REVISED TOWN MEETING SCHEDULE

Discussion ensued regarding the cancellation of the regular January 9, 2008 Town meeting due to the excessive schedule required for the Board of Appeals hearing (January 8, 9, 10, and 11).

Commissioner Don Schildt made a motion, seconded by Commissioner Debbie Zimmerman, to hold the regular January 23, 2008 Town meeting and schedule an additional January meeting on the 30^th only if needed. The motion passed by a vote of 4-0.

8. ACCOUNTS PAYABLE

Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Chad Weddle, to pay the attached bills. The motion passed by a vote of 4-0.

9. COMMISSIONERS’ CONCERNS

Commissioner Don Schildt again expressed his opposition to the approved ordinances regarding the Staley property and Adult Living Communities definition, allowances, and exemptions. He noted that it may be dead horse beating.

10. CLOSED PERSONNEL MEETING

Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to hold a closed personnel meeting to discuss individual staff performance and salary increase for particular staff. The motion passed by a vote of 4-0.

11. COMMISSIONERS’ CONCERNS (C0NTINUED)

A public hearing will be held on Ordinance 2007-19 at the January 23, 2008 Town meeting in order to discuss the town’s snow policies and increased fines under Section 80-18 of the Town Code.

Commissioner Zimmerman announced there will be no Parks Committee meeting in January.

TFC Ed Muller summarized police activities and statistics for the month of November.

12. CITIZENS’ QUESTIONS AND CONCERNS

George Rudy stepped to the podium again to announce that he intends to have a referendum, if possible, for full time police protection 24/7. He stated that he has agreed to stop referring to coverage as "9-5 with some days off" and change it to "8 hour shifts with some days off". He noted that Trooper George responded to the shooting incident in his yard within one minute and that it was excellent. He claimed that a truck explosion by his house elicited a 20 minute response from the barrack. He stated that we need 24/7 coverage and we can afford it.

Lynn Moberly, of 18 Maple Avenue, noted that the Town of Woodsboro is looking for a part-time code enforcement officer. He wondered if the town would be interested in going in with Woodsboro to have someone enforcing our code issues. Staff will contact Burgess Donald Trimmer for more details.

Commissioner Schildt asked if letters had gone out regarding the junk yard on George Street and the unregistered vehicle parked at Marsala’s Restaurant.

The meeting adjourned at 9:00 p.m.

Respectfully submitted,

Gloria Long Rollins

Town Manager