MINUTES
WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING
December 13, 2006
The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, December 13, 2006, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Jim Reid, Don Schildt, Chad Weddle, and Debbie Zimmerman, Town Manager Gloria Long Rollins, Planning and Zoning Administrator Susan Hauver, Public Works Supervisor Dennis Miller, Public Works Director Bob DePaola, 17 citizens, and 1 press.
The meeting was called to order with the Pledge of Allegiance.
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Don Schildt, to approve the Town Meeting minutes of November 8, 2006. The motion passed by a vote of 5-0.
Ms. Hauver presented interested applicants for vacancies and current members with completed terms on the Planning Commission and Board of Appeals.
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Don Schildt, to reappoint Lynn Moberly, Timothy Pollack, and Russell Winch each for an additional 5-year term on the Planning Commission. The motion passed by a vote of 5-0.
Burgess Whitmore recommended Richard Brady to fill the vacancy created by the commissioner liaison.
Commissioner Chad Weddle made a motion, seconded by Commissioner Debbie Zimmerman, to appoint Richard Brady to fill the vacancy on the Planning Commission. The motion passed by a vote of 4-1, with Commissioner Don Schildt opposed.
Commissioner Chad Weddle recused himself from the ensuing discussion.
Commissioner Don Schildt made a motion, seconded by Commissioner Debbie Zimmerman, to reappoint Irene Weddle to the Board of Appeals. The motion passed by a vote of 4-0.
3. CITIZENS’ QUESTIONS AND CONCERNS
Wanda Heurich asked what the County was doing on the streets in Glade Towne. Mr. DePaola informed her that the County is cleaning out the sewer laterals.
4. VICTORIA PARK – PROPOSED TEXT AMENDMENT TO THE APFO
Ms. Susan Hauver reviewed the text amendment to exempt Senior Housing from the APFO school test. The ordinance needs to be introduced, reviewed, and public hearing held. After much discussion for clarification on the reference to the age of 18 versus 55, it was decided that the wording would be discussed during the review by the Planning Commission and Burgess & Commissioners.
Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to change the reference to age 18 to age 55. The motion passed by a vote of 5-0.
Commissioner Don Schildt made a motion, seconded by Commissioner Sam Eyler, to introduce Ordinance 2006-06 as revised by Commissioner Weddle’s motion. The motion passed by a vote of 5-0.
Ms. Hauver reviewed the issues regarding a proposed minor subdivision in the Agricultural zoning district. The Cramers have a farm within the Town located on Dublin Road. They would like to subdivide a lot off the farm for a family member. Their farm adjoins the Green Village Estates subdivision (Laddie Court) and they are proposing to provide access to the lot via a public right-of-way (labeled Cork Road) off Laddie Court.
The Planning Commission did not object to the subdivision as proposed. However, they could not approve the subdivision due to legal issues. Section 71-6 B prohibits approval of subdivision where a portion of it lies outside the municipal boundaries. According to the Town attorney (see attached email), the right-of-way would be part of the subdivision since it was never accepted by the County. The County Public Works staff has commented that they will not accept Cork Road.
Strict adherence to the Subdivision Regulations would require the Cramers to request that the right-of-way be annexed into the Town. Section 71-38 of the Subdivision Regulations allows the Burgess and Commissioners to grant a variance of the requirements: "Where the Burgess and Commissioners find that unusual hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest is secured."
Joe Brown, surveyor for the applicant, discussed the complexity of the Cramer subdivision.
Commissioner Chad Weddle made a motion, seconded by Commissioner Debbie Zimmerman, that pursuant to §71-38 the Burgess and Commissioners find an unusual hardship would result in this case if the applicants were required to build an access road to the lot under Frederick County standards. He motioned to support their pursuit of the subdivision without annexing the stone access road providing they hold the Town harmless. The motion passed by a vote of 5-0.
6. WALKERSVILLE SELF STORAGE – RELEASE OF LETTER OF CREDIT
Contingency funds only, in the amount of $14,780 remain in the outstanding letter of credit for Walkersville Self Storage.
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Jim Reid, to release the letter of credit in the amount of $14,780 for Walkersville Self Storage. The motion passed by a vote of 5-0.
7. REQUEST FOR WATER SERVICE – PROSPECTIVE PURCHASER OF ROTOREX
Commissioner Chad Weddle made a motion, seconded by Commissioner Jim Reid, that if the Rotorex property becomes a part of the Town through annexation, the Town will provide water as per Chapter 85 of the Town Code, which requires applicant to pay for costs of installation and new service lines. The motion passed by a vote of 3-2, with Commissioners Schildt and Zimmerman opposed.
8. UPDATE ON DOBSON CELLULAR SYSTEMS CO-LOCATION ON CRUM ROAD TOWER
Ms. Rollins notified commissioners that Dobson Cellular Systems have completed the conditions of their special use permit for operating cellular service from their equipment on the Crum Road water tower.
9. EASEMENT FOR VERIZON AT DISCOVERY WATER TOWER
Ms. Rollins presented the Verizon easement needed by Sprint/Nextel so that lines can be hooked up to their equipment at the Discovery water tower. David Severn has revised the easement and his approved version will be submitted to Verizon.
Commissioner Don Schildt made a motion, seconded by Commissioner Jim Reid, to approve the recommended easement document for Verizon lines at the Discovery water tower. The motion passed by a vote of 5-0.
Commissioner Chad Weddle made a motion, seconded by Commissioner Sam Eyler, to award the design of Main Street water main replacement to the firm of Arro Engineering in the amount of $29,940. The motion passed by a vote of 5-0.
11. FARMERS’ MARKET UPDATE
Discussion ensues about the success of the market and the following suggestions were made for improvement: Start sign-ups for the market in February to give farmers a chance for better planning and participation, start the market earlier in the year May or June, perhaps offer the management of the market to the FFA for a fundraising project, devise a way to collect payment for the entire season for committed farmers.
12. DISCUSSION OF COMMERCE STREET RIGHT TURN IN AND RIGHT TURN OUT
Planning commission members and the Burgess & Commissioners discussed the history of the entrance to Commerce Drive. After a study prior to the opening of the private street, it was determined that the location in the proximity of the Glade Village entrance created a safety hazard. The right turn only in and out was installed to address the traffic safety concerns.
13. ACCOUNTS PAYABLE
Commissioner Chad Weddle made a motion, seconded by Commissioner Debbie Zimmerman, to pay the attached bills. The motion passed by a vote of 5-0.
14. CITIZENS’ QUESTIONS AND CONCERNS
Commissioner Jim Reid thanked the town staff for their work in making the annual Christmas Tree lighting celebration a success.
Mr. Russell Winch volunteered the Cub Scouts to help with the town cleanup to be scheduled for the spring.
Commissioner Jim Reid suggested, in the future, that candidates for all appointments to Town commissions and boards be interviewed in closed session, prior to appointment.
Commissioner Debbie Zimmerman wished everyone "Happy Holidays!".
Commissioner Don Schildt made a motion, seconded by Commissioner Jim Reid, to hold a closed personnel meeting to discuss the 6-month anniversary evaluation/raise for Kelly Woods. The motion passed by a vote of 5-0.
Commissioners discussed the design for a town stamp for the Frederick News-Post survey and decided the town stamp should contain the Town Seal.
Kevin Folk, of Winterbrook subdivision, volunteered HOA members for help with the Town’s spring cleanup.
Wanda Heurich, of Gladetowne, noted that many of the lights at the shopping center are out and one end is entirely dark. Ms. Hauver noted that the shopping center is in the midst of being purchased. Staff will send a letter requesting the area be lighted.
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Gloria Long Rollins
Town Manager