Town Council Minutes, November 2002

November 5, 2002

The regular meeting of the Laytonsville Town Council was called to order by Mayor Charles T. White on November 5, 2002 at 7:30 p.m. in the Laytonsville Town Hall. Council members Bennett, Bradsher, and Wilkinson were also in attendance. Councilman David Preusch was absent. Mr. David MacDonald, Counsel, was present. There were twenty-five citizens present. The Clerk and Treasurer were also present.

Mayor White introduced David MacDonald, Counsel for the Town of Laytonsville. The minutes of October 1, 2002 were approved as read.

The Mayor reported that the Montgomery County Division of Solid Waste Services has received a request from the Montgomery County Public Schools to explore the use of the Oaks Landfill for parking school buses. The buses would service the local school clusters. No construction would occur. The buses would be parked along the existing perimeter roads. Any questions or comments may be directed to Mr. Peter R. Karasik, the Program Manager for the Department of Public Works and Transportation via email at karasp@co.mo.md.us or by phone (301) 840-2773. Comments may also be directed to Douglas M. Duncan, County Executive. Councilman David Preusch is a member of the Oaks Landfill Advisory Commission (OLAC) and will represent the Town of Laytonsville.

A Special Trash Pick Up is scheduled for Saturday, November 9, 2002. Please have items at the curb early and no items larger than 150 lbs.

Council: Councilman Wilkinson reported that between 50-100 school buses to be parked at the Oaks
Landfill property would cause smoke pollution; cause a non-compatible use of trails.

Town of Laytonsville

Minutes - Meeting of November 5, 2002

Page Two

Clerk: No report.

Unfinished Business:

The proposal in the amount of $1,039.11 to install two mercury vapor light poles was tabled at the October 1, 2002 meeting. Councilman Wilkinson made the motion to table this proposal again.

Councilman Bennett reported that he will meet at the site on Friday, November 8 at 9:00 a.m. with the Engineer and Contractor regarding the Sunset Street paving request.

Councilman Wilkinson recommended that the Town remove both of the outbuildings on the Town Hall grounds and leave the cement slab on the one building. Councilman Bradsher recommended leaving the building on the right of the Town Hall intact. Councilman Bradsher will prepare proposal to retain or remove outbuildings.

New Business:

Reclassification of Zoning Request: The Clerk reviewed the process involved in the consideration of the Reclassification of Zoning Application submitted by Laytonsville Properties, Laytonsville Nurseries, Inc. and part of the Stadler property to an R-l zone.

Mayor White reviewed the decision-making process regarding the 1984 Annexation Resolution agreement with the Stadler family.

Councilman Bennett displayed the September 1989 Land Use Plan for the Town of Laytonsville and compared the Plan to the Zoning Exhibit Plat submitted by the Stadlers. It was Councilman Bennett's opinion that the Plan and Plat were not in compliance relative to open space and access roads.

Councilman Wilkinson read a letter from Councilman Preusch detailing his opposition to the proposed Reclassification request. Councilman Wilkinson opposes the Reclassification request based on trying to conserve the agricultural preserve of the area and as based on the wishes expressed by the citizens of the Town. Councilman Wilkinson further remarked that the Reclassification request was not in compliance with the Town's Master Plan.

Councilman Bradsher emphasized the importance of honoring the commitment made by the Town in the November, 1984 Annexation Resolution.

Mayor White called for a motion. On a motion by Councilman Frank Bennett to deny the "Stadler" Zoning Application, seconded by Councilman Tom Wilkinson, the Application was denied. Councilman Bennett, Wilkinson and Preusch (by proxy letter) voted in favor of motion to deny and Mayor Charles White and Councilman Charles Bradsher voted against. Motion to deny approval of the Reclassification of Zoning request was approved.

Town of Laytonsville

Minutes - Meeting of November 5, 2002

Page Three

Councilman Wilkinson moved that the Town of Laytonsville's Zoning Ordinance be amended to remove the one-half and one acre zoning classification. Councilman Bennett seconded. Councilman Preusch favored motion (by proxy letter). Councilman Bradsher favored motion. Mayor White opposed motion. Motion to amend current Zoning Ordinance for the Town of Laytonsville to remove the one-half and one acre zoning classification was approved.

Councilman Wilkinson proposed that the Town adopt a two acre and a five acre lot zoning classification. Mr. MacDonald reviewed the current R-l and R-2 definition of the current Zoning Ordinance for the Town of Laytonsville. It was suggested that the Town Council have a Work Session to discuss the proposed new zoning classifications.

Councilman Wilkinson reported that the October 16, 2002 article in the Gaithersburg Gazette indicated that the water in the Town of Laytonsville was classified as a health hazard last fall. This incorrect information can devalue the property within the Town.

Councilman Wilkinson opened a discussion regarding the entryway into the Town Hall and the possibility of making it more accessible.

Phyllis Sterling asked Councilman Wilkinson about the Open Space program and that perhaps the parking lot needs, lighting needs, etc. could be coordinated. At the October 1, 2002 Town Council Meeting, the proposal to install two mercury vapor lights was tabled on a motion by Councilman Wilkinson to determine if the Open Space program would pay for the lighting.

The meeting was then adjourned at 9:00 p.m. on a motion by Councilman Bennett. Motion was seconded and carried unanimously.