December 3, 2002

 

 

 

 

The regular meeting of the Laytonsville Town Council was called to order by Mayor Charles T. White on December 3, 2002 at 7:30 p.m. in the Laytonsville Town Hall.  Council members Bennett, Bradsher, Preusch and Wilkinson were in attendance.  Mr. David MacDonald, Town Counsel was present.  There were 15 citizens present.  The Clerk and the Treasurer were also present.

 

The minutes of November 5, 2002 were approved as read.

 

Reports:

 

Treasurer:      The Town is still within the budget.  The CIP balance for the month ended November 30, 2002 is $82,984.81 and the balance in the General Fund is $44,343.18.  Councilman Preusch moved that the Treasurer’s Report be approved, subject to audit.  Councilman Bennett seconded.  Motion approved.

 

Mayor:            Mayor White introduced Benham Malcom. Benham has developed a web site for the Town of Laytonsville and the address is “www.laytonsville.md.us.”  A hand-out was distributed to the Council Members.  Installation of the high-speed internet/cable modem was completed on November 25, 2002 at no charge to the Town, through its Municipal League Franchise Agreement with Comcast.  Councilman Preusch inquired about the restriction levels on signing up to the web site by residents.  Benham reported that at this time, there were no restrictions.  Councilman Preusch made a motion to continue to develop the Town of Laytonsville’s web site.  Councilman Bennett seconded.  Motion approved. 

 

                        Town Logo:  Mayor White inquired about the progress of the creation of the Town’s logo.  Councilman Wilkinson reported that a draft logo would be available by the end of this week.  Discussion was held regarding the options available to the Town and Sophia Voit will Chair the Logo Contest Committee.

 

 

Town of Laytonsville

Minutes – Meeting of December 3, 2002

Page Two

                       

                        Town Hall Survey:  Macris, Hendricks and Glascock, P.A. has completed the final survey of the Town Hall properties.  The survey is available for review at the Town Hall.

 

                        Maryland Municipal League:  The Maryland Municipal League Annual Legislative Dinner will be held on January 2, 2003.  Councilman David Preusch and Mayor Charles White will attend.

 

 

Council:          Councilman Preusch reported on the request from the Montgomery County Public School system to park school buses on the Oaks Landfill.  Councilman Preusch is a member of OLAC (Oaks Landfill Advisory Commission) and in that capacity reported that he had met with the Director of Transportation for Montgomery County, officials from MCPS and the Manager of the landfill.  OLAC has indicated to the County that it was unacceptable to pursue the MCPS request based on the fact that the original agreement stated that the landfill property would be returned to a natural state. 

 

                        Councilman Bennett reported that the paving of Sunset Street and the paving of a portion of Mobley Farm Drive has been completed.

 

                        Councilman Bradsher reported that he had met with the Director of the library system and a proposal to build a library at the corner of Shady Grove Road and Snouffer School Roads will not be completed until 2006.  The Director would like to attend a Council Meeting to review services for the Town of Laytonsville.  Councilman Bradsher will invite the Director to the next Town Council meeting to be held on January 7, 2003.

 

Clerk:              The Special Trash Pick-up was completed November 7, 2002.

 

                        A Press Release relative to the development of the Town’s web site has been prepared and is ready for publication.

 

Unfinished Business:

 

                        Stadler Reclassification Judicial Review:  Counsel for the Stadler family, Jody Kline, reviewed a letter dated November 27, 2002 addressed to David MacDonald, the Town’s Counsel.  Mr. Kline reported that the Stadler family would like to pursue a compromise dialogue with the Mayor, Town Council and the Town’s counsel.  Mr. MacDonald reported

 

 

 

Town of Laytonsville

Minutes – Meeting of December 3, 2002

Page Three

 

that if the Council members did pursue this request, a stay in the court proceedings would be the initial step.  Councilman Bennett reported that he had met with Pete Stadler and that it would be appropriate to pursue a compromise.  Councilman Preusch reported that he was agreeable to having a Work Session to discuss the issues.  Councilman Wilkinson moved that an indefinite stay be requested through the courts and that the stay could be terminated at any time by either party.  Councilman Preusch seconded the motion.  Motion approved.

 

                        Motion to Amend Current Zoning Ordinance to Remove One-half and One Acre Zoning Classification:  Mayor White introduced Mr. Tom Natelli, President of Natelli Communities, a landowner in the Town of Laytonsville.  Mr. Natelli reported that he has been working in cooperation with the Town to bring public water to the Town of Laytonsville and in this regard, Mr. Natelli is requesting the Council to reconsider the Motion to amend the Zoning Ordinance to remove the one-half and the one acre zoning classification.  Mr. Natelli also reported that his company had submitted an application to sponsor public water to the Town of Laytonsville and that the planning dollars to support this request were in the Montgomery County budget for the year 2004-2005.

 

                        Councilman Wilkinson reported that pursuant to Section 126 of the Zoning Ordinance of the Town of Laytonsville, he, as a resident, was submitting an Application for the Text Amendment provision to amend the Zoning Ordinance as follows:

 

1.                Eliminate Sec. 106 R1 – Residential – One Acre

2.                Eliminate Sec. 107 R2 – Residential – One-Half Acre

3.                Add a new section – Residential – Two Acres

4.                Add a new section – Residential – Five Acres

5.                Subparagraph (6) of Sec. 127.  Non-Conforming Uses now reads:  “No non-conforming building and no building devoted to a non-conforming use shall, in the event of damage or destruction by fire, flood, or other cause, be repaired, reconstructed, or used for the purpose of conducting the same or any other non-conforming use if

such building has been damaged or destroyed in an amount exceeding 25% of its value immediately before the event causing such damage or destruction”.  It is proposed that the following be added:

Buildings used exclusively as residences shall be exempt from this provision.

 

 

 

Town of Laytonsville

Minutes – Meeting of December 3, 2002

Page Four

 

6.                Add subparagraph (e) to Sec. 127. Non-Conforming Uses to read:

 

Residential lots of one acre that recorded before (date zoning ordinance amended) shall be permitted with same provisions that were in effect when the ordinance was adopted.

7.                Add sub-paragraph (e) to Permitted Uses in Sec. 108.  R-Residential Historic that would permit “Church Offices” or similar wording that would permit St. Bartholomew’s Church to continue to have offices located at 6920 Sundown Road.

 

 

According to Sec. 126 – Text Amendment of the Zoning Ordinance of the Town of Laytonsville, within ten (10) days after receipt of such application, the Mayor and Council shall schedule the same for public hearing.  Councilman Preusch reported that Work Sessions should be held to discuss the pros and cons of several issues:  the Stadler Reclassification, the Text Amendment application and the Route 108 Bypass.  Mr. MacDonald reported that a Work Session would be in order because approximately 70 lots in the Town of Laytonsville would be affected by the Text Amendment language.    Councilman Preusch moved that  a Public Hearing should be scheduled in May of 2003 to consider the Text Amendment application to amend the current zoning ordinance and to remove the one-half and one acre zoning classifications.  Councilman Bennett seconded.  Councilman Bradsher approved. Councilman Wilkinson opposed.  Mayor White abstained.  Motion approved.

 

Councilman Preusch excused himself from the meeting.

 

                       

New Business:         

                       

                        A request has been received from Omni Point Communications to add cellular antennae to the existing tower at the Laytonsville Volunteer Fire Department.  Mayor White tabled the request.

 

 

Citizens:         Sophia Voit expressed a concern regarding the deterioration of the bucolic nature of the town with increased development.

 

                        David Thompson expressed concern regarding the run-off from the Stadler Property if that property were to be reclassified.

 

 

 

Town of Laytonsville

Minutes – Meeting of December 3, 2002

Page Five

                       

Councilman Wilkinson would like to write a letter to the editor of the Gaithersburg Gazette to refute the statement made in the article dated October 16, 2002 regarding the water quality in the Town of Laytonsville.

 

                        Dorothy Tessier expressed her concern regarding the addition of more houses/residents to the Town of Laytonsville.

 

                        Pete Stadler reported that the Stadler Nursery and other public businesses are regularly tested for water quality/health issues as a matter of public record. 

                       

                        Willard Oland indicated that another Town informational meeting to discuss public water and the benefits to the residents would be in order.

                        Pete Stadler agreed that another informational meeting should be held so that residents can better understand the consequences of failing septic systems.  Mayor White inquired as to whether an expert should be invited to the Town to address this situation with the residents.

 

                        Janet Stadler reported that as elected officials, the Town Council had a duty to pursue the public water issues and it was incumbent upon the Council to stress the importance of public water and the impact on residents of the Town. 

 

                        Barbara White reported that the Council should consider additional hours for the Clerk of the Town to fulfill added responsibilities.

 

                       Councilman Wilkinson moved that the meeting be adjourned.  Councilman Bennett seconded and the meeting was adjourned at 9:25 p.m.

 

 

 

 

Cathryn D. Buit, Clerk

December 3, 2002