MINUTES
WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING
December 14, 2005
The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, December 14, 2005, at 7:30 p.m. Those in attendance included Commissioners Sam Eyler, Joe Magluilo, Donald 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, 10 citizens and 1 press.
Burgess Ralph Whitmore was absent due to Jack’s graduation.
The meeting was called to order with the Pledge of Allegiance.
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Sam Eyler, to approve the minutes of the October 19, 2005 Biggs Ford Road Sewer line informational meeting, the regular town meeting and the closed legal meeting minutes of November 9, 2005. The motion passed by a vote of 3-1-1, with Commissioner Schildt opposed and Commissioner Magluilo abstaining.
2. ZONING TEXT AMENDMENT HEARING – ORDINANCE 2005-06 - SIGNS
Ms. Hauver presented the Planning Commission’s amended proposed sign ordinance and the review comments and recommendations by Town Attorney David Severn. There was no public comment on the ordinance.
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Sam Eyler, to adopt Ordinance 2005-06 as revised by the Planning Commission, with Attorney David Severn’s comments incorporated. The motion was defeated by a vote of 2-3, with Commissioners Zimmerman, Weddle, and Schildt opposed.
Commissioner Weddle pointed out that per §88-70 of the Town Code, the Planning Commission failed to respond within 60 days of the original ordinance introduced September 14, 2005, so the ordinance could be deemed approved by the Planning Commission. The comments and recommendations received from the Planning Commission after 60 days did not have to be considered by the Burgess and Commissioners.
Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to adopt the original ordinance as introduced, with Attorney David Severn’s preamble added, "except as permitted under §88-12, 13, and 14", and not deleting U. and V. The motion passed by a vote of 4-1, with Commissioner Magluilo opposed.
3. CITIZENS’ QUESTIONS AND CONCERNS
James Carroll, of 9000 Grape Creek Road in the Greenbriar subdivision outside of town limits, notified commissioners that he is in need of a commitment from the town for a water tap. He is in the process of getting building permits for his lot and needs water in order to get permits approved. He made this request before at a February 2005 meeting. The current town policy is to not grant any more out of town water taps due to constraints on the town wells. Commissioner Eyler, former Water Superintendent for the town, informed Mr. Carroll of the pressure and flow problems on that end of the line. Robert DePaola, Public Works Director, estimated that a bladder tank would be needed should the town allow the hookup. Commissioner Eyler recommended that Mr. Carroll talk with the Snows, who are hooked up on the end of the line, to hear about their water problems.
Steven Weakley, 111 Smithfield Court, President of Colony Village HOA, asked if there were any special rules to follow when the HOA replaces the street lights and paves the road in the development. Ms. Hauver told him the town has a Design Manual with all the requirements for curb, gutter, and street lights, and that he can review it before work is scheduled.
4. SUN MEADOW PHASES 5 & 6 LEGAL DOCUMENTS
Attorney Krista McGowan represented the applicant, requesting approval of the Public Works Agreements, Letters of Credit, easement documents and Water Tap Agreements.
Commissioner Don Schildt made a motion, seconded by Commissioner Sam Eyler, to accept all the legal documents for Sun Meadow Phases 5 & 6, with Attorneys David Severn and Krista McGowan making recommended changes to the agreements. The motion passed by a vote of 5-0.
Krista McGowan then noted that Sun Meadow is facing the expiration date of the exemption from the requirements of the Adequate Public Facilities Ordinance. She suggested that the development was sufficiently vested, given that all Town approvals for the development to proceed have been granted. The final sections could be recorded once signatures have been obtained and agreements are executed. She said that they would be allowed to proceed with the build-out of the development. Ms. Hauver noted that the development is past preliminary plan approval and have therefore made it before the January 1, 2006 APFO deadline. The Commissioners, by common consent, agreed that the development has met the provisions of the APFO.
Frederick County Bank is requesting a 1 ½ " line for their new bank building on Commerce Drive. Banks are not required to have fire protection via sprinkler systems, so a larger line is not required.
Commissioner Sam Eyler made a motion, seconded by Commissioner Joe Magluilo, to approve the water tap agreement in the amount of $4,650, with Attorney David Severn’s minor typo corrections incorporated. The motion passed by a vote of 4-1, with Commissioner Schildt opposed.
6. ENGINEERING SERVICES FOR WATER MAIN REPLACEMENT
The town received one response to its request for bids for the water main replacement on William Street, George Street, and Hahn Circle. A bid of $21,600 was received from ARRO Consulting.
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Joe Magluilo, to award the contract in the amount of $21,600 to ARRO Consulting. The motion passed by a vote of 5-0.
7. SURVEY SERVICES FOR ANNEXATION
Three bids were received for survey services for annexing the Nicodemus and Grossnickle farms into the town limits. The apparent low bidder is Whitney Bailey Cox at an estimate of less than half of the other two bidders.
Commissioner Chad Weddle made a motion, seconded by Commissioner Don Schildt, to award the bid for annexation survey services to Whitney, Bailey, Cox & Magnani, LLC, with a maximum award of $20,000. The motion passed by a vote of 5-0.
8. BOARD OF APPEALS ALTERNATE APPOINTMENT
Commissioner Don Schildt made a motion, seconded by Commissioner Debbie Zimmerman, to appoint Dan Thomas as alternate to the Board of Appeals. The motion passed by a vote of 5-0.
Commissioner Chad Weddle proceeded to swear Mr. Thomas into the office of alternate of the Board of Appeals, as he was present at the meeting.
9. PLANNING COMMISSION MEMBER APPOINTMENT
Member Lin Snider’s term on the Planning Commission is up for reappointment. Commissioner Joe Magluilo recommended advertising the position as per town policy for any positions or openings in the town.
Commissioner Joe Magluilo made a motion, seconded by Commissioner Don Schildt, to advertise the position on the town Planning Commission. The motion passed by a vote of 4-1, with Commissioner Zimmerman opposed.
10. SALT BUILDING
One firm bid on the salt building was received from Bulk Storage LLC.
Commissioner Don Schildt made a motion, seconded by Commissioner Joe Magluilo, to award the salt building project to Bulk Storage LLC in the amount of $141,050. The motion passed by a vote of 5-0.
11. FREDERICK COUNTY PROPOSED AMENDMENT TO APFO
There were no comments to the proposed amendment to the Frederick County APFO.
12. ACCOUNTS PAYABLE
Commissioner Joe Magluilo made a motion, seconded by Commissioner Chad Weddle, to pay the attached bills. The motion passed by a vote of 5-0.
13. COMMISSIONERS’ CONCERNS
Commissioner Zimmerman wished everyone a Merry Christmas, yes she actually said the word "Christmas".
Commissioner Schildt asked if there had been any towing or sidewalk snow shoveling required in the recent snowstorm. He asked that something be done AGAIN, that the town ordinances for parking on the street in snow and shoveling be enforced. Staff will run ads in the Gazette and Frederick Post.
Commissioner Chad Weddle made a motion, seconded by Commissioner Debbie Zimmerman, to run an ad, in the Frederick Post and the Gazette, each time snow of 4" or more is predicted. The motion passed by a vote of 5-0.
Radio stations will also be notified by staff. TFC Funk will ticket and tow the vehicles that insist on parking on the streets while the snow is accumulating.
Trooper Funk notified commissioners that he and Troopers Muller and Ardinger would be working for the Fire Company parade scheduled for Monday night at 6:30 p.m. He recommended considering moving the parade to a weekend night rather than a rush hour night. We will wait and see how the parade goes.
None
Commissioner Debbie Zimmerman made a motion, seconded by Commissioner Joe Magluilo, to hold a closed legal meeting for the purpose of discussing potential pending litigation. The motion passed by a vote of 4-1, with Commissioner Weddle opposed.
The meeting adjourned at 8:50 p.m.
Respectfully submitted,
Gloria Long Rollins
Town Manager