MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

August 25, 2004

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, August 25, 2004, at 7:30 p.m. Those in attendance included Burgess Ralph Whitmore, Commissioners Sam Eyler, Joe Magluilo, Donald Schildt, Chad Weddle, and Debbie Zimmerman, Public Works Director Bob DePaola, Public Works Supervisor Dennis Miller, and Town Manager Gloria Rollins, Zoning Administrator Susan Hauver, 75 citizens, and 1 press.

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

1. MINUTES

2. REQUEST TO WAIVE REQUIREMENT FOR CURB & GUTTER AT 9522 EYLER CT

3. PUBLIC HEARING ON PROPOSED ZONING MAP

To start the hearing, property #30 owner Lorraine Staley presented her previously heard request to rezone 5 acres of her LI zoned property on Glade Road to R-4 Residential, for the purpose of constructing four apartment buildings with 4 apartments each. At this point, a parade of Winter Brook homeowners stepped to the microphone to voice their opposition to the apartments.

Kevin Folk, representing the Winter Brook HOA, 239 Winter Brook Drive, noted that no one saw the first sign advertising the rezoning due to road construction on Glade Road. He stated that the apartment buildings are incompatible with the Winter Brook neighborhood across the road. He also mentioned concerns about the effect of the development on the Town’s groundwater supply.

Virgil Blizzard, 233 Winter Brook Drive, who moved here because of the quality of the schools, stated that there are still 200 more homes to be built in Sun Meadow. He went over population figures for Walkersville Elementary at 109% capacity, Walkersville Middle at 92% and Walkersville High at 102%. He noted that a high school addition is not slated on the county CIP until 2010. When asked by Commissioner Zimmerman the status of Glade Elementary, Mr. Blizzard reluctantly admitted Glade stands at 76% capacity.

Rev. Ricky Smith, 204 Winter Brook Court, pled with owners Loraine and Mike Staley to move the apartment buildings someplace else.

Jim Reid, 206 Oak Manor Way, gave support to the Staley family, all that they have contributed to the town in the way of easements and land, and noted the struggle that they have had to go through in order to do something with their property. He stated that Mrs. Staley’s statements had all been true.

Doug Dusci, 9408 Erin Avenue, expressed his concern for the town’s water supply.

David Touriello, 208 Silverstone Drive, submitted the attached letter from Christina Sims, opposing the proposal. He said that the proposed apartments would not benefit the community.

Doug Dusci, 9408 Erin Avenue, asked if the Staleys could get around the APFO piecemeal. Commissioner Weddle noted that in his opinion this could happen.

Erik Howard asked what covenants would apply. Susan noted that the height and density requirements are with the zoning.

Susan read the LI section of the Zoning Ordinance so that people would understand that the following uses could occupy that property: uses permitted in the B0 district; agriculture; commercial greenhouses and nurseries; forestry; auction house; furniture repair; lumber yard; stone monument sales and processing; carpentry, electrical, plumbing, welding, printing, upholstery shops; bottling plant; carpet and rug cleaners; industrial laundry and dry cleaning; wholesaling or warehouse; recycling drop-off facilities; golf driving range; miniature golf; indoor theater; limited manufacturing and assembly uses; civic parks and recreation areas; fire and rescue service; public buildings and properties; public utility; public transit station; motel or hotel; research laboratory; essential services and wireless telecommunication facility.

Rex Warnert, 303 Cramer Avenue, said that the uses permitted in LI would be worse than apartments.

Danny Cleveland, 411 Winter Brook Court, expressed concerns at what the rest of the property would be in the future.

Burgess Whitmore announced that written comments would be accepted until a week from Friday at 4:30 p.m.

Tom Mills and Tad Janes spoke giving history of their property and requested that their property retain its B-1 zoning designation rather than changing to OTM.

Ann Grantham also noted the history of the property.

Diane Stull spoke giving history of her property and initially requesting to keep her house at the

B-1 zoning. After some questions and discussion it was noted that the OTM zoning is less restrictive and more appropriate for the Pennsylvania Avenue homes. Ms. Stull seemed to be the only speaker at the hearing who truly listened to the description of the OTM zoning and understood that it would be to her benefit to obtain it.

Mr. Edgar requested that his property remain in the B1 zoning district. He noted that he does have three off-street parking spaces, contrary to the staff report. He requested "Leave me be."

Commissioner Zimmerman made a motion, seconded by Commissioner Magluilo, to change Properties #33,17, 18, 19, 21, 22, and 23 to Old Town Mixed-use (OTM) zoning as recommended by the Planning Commission and designated in the comprehensive plan. The motion passed by a vote of 5-0.

4. PUBLIC HEARING – TEMPORARY AND SEASONAL USES ORDINANCE

Susan Hauver went over the changes to the proposed text amendment, noting the addition of Section C. Commissioner Schildt noted that he would like to see a required deposit or Letter of Credit held to insure cleanup of the temporary sites.

Kathy Landis Bogus, representing Troop 1070, asked how the ordinance would affect the Boy Scout Christmas tree sales. Susan stated that there would be no change in how the Scouts are required to operate.

David Creager, Penguins Shaved Ice, declared that the new ordinance would restrict his business and the produce stand. He questioned some of the requirements for parking spaces and their removal at the end of the season. He stated that some of the requirements are unclear as to how they are to be implemented.

5. CITIZENS QUESTIONS AND CONCERNS

Jim Reid expressed his concern at the town’s consideration of installing speed bumps. In his experience, they cause lawsuits when older people jar their neck bones and sue the town for injuries. In addition, they make a lot of noise and typically people who have requested the speed bumps in their areas are sorry that they asked for them. Also, they don’t reduce the death rate or accident rate. They are litigious, invasive, and don’t solve the speeding problem. Mr. Reid recommends seasonal rumble strips be installed to joggle people into realizing that they need to slow down.

David Creager recommended to Ms. Rollins that she look into hiring a high school intern to work in the town office and fill the advertised part time administrative assistant position.

Erik Howard, of GVAA, announced that 2 of the 14-year old players from GVAA are playing on a team at the Babe Ruth World Series.

A 10-minute break at 9:25 p.m.

 

6. WATER TANK MAINTENANCE PROPOSAL AWARD

Commissioner Schildt made a motion, seconded by Commissioner Magluilo, to award the Crum Road Water Tank Maintenance contract to Utility Service Co., Inc. in the amount of $34,118 for years 1-3 and $11,026 for years 4 and beyond. The motion passed by a vote of 5-0.

7. REPORT ON SPEED BUMPS

Commissioner Weddle reported that the only viable speed bumps that he found were from the Traffic Safety Store. Burgess Whitmore would like to find out the cost of a solar powered radar sign that would be mounted on a pole, such as a speed limit sign pole.

Commissioner Weddle made a motion, seconded by Commissioner Magluilo, to purchase 2 of the 12’ chain linked speed bumps at a cost of up to $2,000. The motion passed by a vote of 3-2, with Commissioners Zimmerman and Schildt opposed.

 

8. FIRE HYDRANT RELOCATION ON MAIN STREET REQUEST

Florence Schell. 27 N. Main Street, returned for her second meeting to discuss the relocation request for the fire hydrant in her yard. Ms. Schell still insists that the hydrant located on her property is wrong and should never have been located there. Burgess Whitmore stated that the hydrant is there and needs to remain there in order to have the Methodist Church building be within the 500-ft. requirement for fire service. Ms. Schell was notified that if the town moves the hydrant to another spot further down from her intended driveway that she will be responsible for the costs of the hydrant and its relocation. Commissioner Eyler asked if Ms. Schell had noticed the hydrant in her front yard when she purchased the property last year. Ms. Schell stated that this is the story of her life and requested a cost statement from the town in writing. The town staff will provide a cost estimate granting permission to move the hydrant, cost of materials and labor to move the hydrant, and a rock clause should excessive amounts of rock be encountered during the work.

Commissioner Weddle made a motion, seconded by Commissioner Zimmerman, to grant permission to Ms. Schell to have the hydrant moved, provide a cost estimate with a rock clause. The motion passed by a vote of 3-2, with Commissioners Magluilo and Schildt opposed.

9. ACCOUNTS PAYABLE

Commissioner Weddle made a motion, seconded by Commissioner Schildt, to pay the attached bills. The motion passed by a vote of 5-0.

10. COMMISSIONERS’ CONCERNS

Ms. Rollins reviewed the letters in the packets between Senator Barbara Mikulski and the U.S. Postal Service regarding a new post office for the town. Not anytime soon.

Ms. Rollins presented the request from the Walkersville Ballroom Dance Club, asking to install hooks into the 3^rd floor walls to hang strands of lights through the room. Commissioner Zimmerman made a motion, seconded by Commissioner Magluilo, to not allow the installation of hooks in the town hall for lighting on the 3^rd floor. The motion passed by a vote of 5-0.

Kevin Folk, Winter Brook HOA, asked to be notified the next time commissioners discuss or vote on Property #30 on the new zoning map. Commissioner Weddle will notify the HOA.

Bob DePaola notified commissioners of the vandalized conduit box in the Sun Meadow subdivision. This needs to be replaced before the county inspection of the street lights which will lead to Allegheny Power turning on the streetlights. Should be completed and on in the next few weeks.

Commissioner Magluilo thanked the Planning Commission individuals in the audience for all their hard work and time spent on the Comprehensive Plan and the controversial zoning map. Lin Snider, Lynn Moberly and Russell Winch were in the audience. Burgess Whitmore also thanked the Planning Commission for their service to the town.

The meeting was adjourned at about 10:30 p.m.

Sincerely,

Gloria Long Rollins

Town Manager