MINUTES

WALKERSVILLE BURGESS & COMMISSIONERS TOWN MEETING

September 22, 2004

The Town meeting of the Walkersville Burgess & Commissioners was called to order on Wednesday, September 22, 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, 18 citizens, and 2 press.

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

1. MINUTES

2. COMPREHENSIVE ZONING MAP-STALEY PROPERTY-TOWN ATTORNEY LEGAL CLARIFICATION

Susan Hauver read Attorney David Severn’s legal opinion into the record as follows in summary. In response to the question "Does the APFO of the Town apply to property within the Town’s jurisdiction that is rezoned to R-4 as part of the Town’s pending Comprehensive Rezoning, if it is developed as a multi-family residential apartment project that does not require subdivision plat approval?" Attorney Severn’s response is that yes, the APFO would apply, that the APFO applies to all lands within the town limits, and that the intent is that new residential, industrial, and other development take place to ensure that adequate public facilities and services are available concurrent with the new development. He argues that the APFO applies where a subdivision of land is involved, and even though subdivision does not occur with a multi-family residential apartment project, the regulation will be construed to fulfill the intention of the legislative body and not construed to create an absurd result.

In response to the question "Does the rezoning of a property to R-4 as part of the Comprehensive Rezoning consistent with the land use designation shown on the Comprehensive and its subsequent development and construction as a multi-family residential apartment use "open the door", create a legal precedent (change in the character of the neighborhood) or justification for the future "piecemeal’ rezoning of additional land to accommodate an expansion of the multi-family residential apartment use?", no. No, it does not constitute a binding legal precedent for future rezoning but it may open the door to the argument by an applicant for a future piecemeal rezoning. This argument would not legally justify a rezoning based on substantial change in the character of the neighborhood.

Commissioner Zimmerman stated that she is for the project, the property is subject to the APFO, the Staley’s are good citizens, the apartments will be well done, and she will vote for the project.

Commissioner Magluilo concurred.

Commissioner Schildt stated that he is against it, that it is not needed, that affordable housing is not needed.

Commissioner Eyler stated that he is for it, it is needed, and it’s the right thing to do.

3. CITIZENS QUESTIONS AND CONCERNS

Kim Long, of Winter Brook, asked how do luxury apartments convert to affordable housing? What is the funding source? Is it publicly funded housing? Or private funding?

Cynthia Malone, 1 Pennsylvania Ave., East, stated that she had closed on her home in March 2004 and the business "Good Hair Days" was not there when she moved in. She states that the business is a big problem with vehicles parking in front of her home on the public street. Burgess Whitmore noted that he gets a lot of parking complaints and it is a public street and he has no answer for her at this time. Ms. Malone asked to have permit parking in front of her home, as has been done another area of town. Mr. Neal Poffenbarger, owner of Good Hair Days, stated that they have been trying to cooperate with Ms. Malone, and have asked customers not to park in front of her house on the public street. He stated that they are not open on Sundays or Mondays, so some of her complaint is not related to the business, as it refers to days they are closed. Burgess Whitmore will try to resolve this between the parties by the next meeting.

4. OTM ZONING REQUEST –25 FULTON AVENUE

Susan presented a request from Charles C. and Lynde J. Engel, the owners of 25 Fulton Avenue, to rezone the property to Old Town Mixed Use. Ms. Hauver stated that this inclusion would delay the adoption of the zoning map by about one month, due to the required advertising and hearing requirement. She recommends that the property be included in the rezoning rather than making them apply at a later date.

5. LEGAL MEMO ON PEDDLING AND SOLICITING

Ms. Rollins went over the memo from Attorney Matthew Gilmore, which states that the town cannot charge a licensing fee for solicitors or peddlers selling goods, taking orders for the sale of goods, services, etc. Chapter 47-4 of the Town Code should be amended. The town can require persons seeking to solicit or peddle with the town to register and can place certain regulations on their activities such as times when the person solicits. She noted that the Better Business Bureau of Southeast Florida states that Premium USA, Ltd. Has an unsatisfactory record.

6. FREDERICK CITY COMPREHENSIVE PLAN

Burgess Whitmore reported that when he attended the hearing on the Frederick City Comprehensive Plan, that the race horse farm (Blake property) on Rt. 26 was not included on their map. The adopted plan, however, includes the race horse farm along with several other farms below Sheetz and along the Monocacy River. Our elected officials and citizens need to go to the Frederick County’s hearings on the Walkersville Region Plan to make our protests known. He estimates the city will plan to annex in the year 2020-2025. Burgess Whitmore will contact the affected landowners to see if they would be interested in annexing into the Town of Walkersville. Our objections are the city’s lack of an APFO that considers school facilities, and the plan for a highway, "the big red road" which connects Rt. 270 below Frederick to Biggs Ford Road at Rt. 15.

7. ACCOUNTS PAYABLE

8. COMMISSIONERS’ CONCERNS

Commissioner Schildt directed staff to replace a "No Parking" sign on Liberty Street, which was mentioned in Ms. Malone’s request for permit parking in front of her house.

Commissioner Weddle presented his corrections to the town APFO in the form of an ordinance.

Susan Hauver asked commissioners to reconsider the zoning of the Property #34, feed store parcel on Pennsylvania Avenue owned by S&V Partnership. The Commissioners voted to rezone the parcel from B1 to LIP in accordance with the owner’s request, but against the recommendation of the Planning Commission. The staff notified the owner of the change and suggested to him that the LIP zoning would be more restrictive than the B1. The owner subsequently requested that the parcel stay B1. Commissioner Zimmerman made a motion, seconded by Commissioner Weddle, to reconsider Property #34 (Paul Sill) because the application has been withdrawn. The motion passed by a vote of 5-0.

9. ANNOUNCEMENTS

Tuesday, Nov. 9 is the first open house discussions for the Walkersville Regional Plan, to be held from 5 – 8 p.m. at Glade Elementary.

Susan invited commissioners to attend the September 28 Planning Commission workshop to meet with Osprey Property Company representatives and hear about the proposed senior housing presentation for the corner of Rt. 194 and Sandstone Drive.

The meeting was adjourned at about 8:20 p.m.

Sincerely,

Gloria Long Rollins

Town Manager