January 7, 2003

The regular meeting of the Laytonsville Town Council was called to order by Mayor Charles T. White on January 7, 2003 at 7:30 p.m. in the Laytonsville Town Hall. Council members Bennett, Bradsher, and Wilkinson were in attendance. There were 30 citizens present. The Clerk and the Treasurer were also present.

The minutes of December 3, 2002 were approved as read.

Reports:

Treasurer: Income for the Town for the month of ending December, 2002 is $12,500.12 and the expenditures for the month were $11,810.47 with the net income of $689.65. The budget needs to be amended to reflect the additional expense incurred during the Mobley Farm Drive repair and the Sunset Street paving project; the budget also should be amended to reflect an increase in the Legal Fees balance. A Budget Amendment Hearing will be held before the next regular Town Council Meeting at 7:30 p.m. on February 4, 2003. Councilman Bennett moved that the Treasurer’s Report be approved, subject to audit. Councilman Bradsher seconded. Motion approved.

Councilman Bennett recommended that the outstanding invoice from the F.O. Day Company for the completion of the paving project be approved and paid.

Mayor: Mayor White recognized Councilman Bradsher who introduced Barbara Norland, a Public Services Administrator for the Montgomery County Library System. Ms. Norland discussed the various options to provide the Town of Laytonsville with additional services and reported that several sites had been reviewed for the County’s Bookmobile. The best site was the Layton’s Village Shopping Center. The Bookmobile would visit once every two weeks for one-half hour. Further information will be reported in the minutes of the Council Meetings for the Town of Laytonsville.

Maryland Municipal League: The annual MML Legislative Dinner was held on January 2, 2003 at the Golden Bull Restaurant. Mayor White and Councilman Preusch attended and met the newly-elected Delegates for Laytonsville’s Legislative District 14.

Town of Laytonsville

Minutes – Meeting of January 7, 2003

Page Two

Clerk: A Memorandum of Understanding – Emergency Management has been received from Mr. Robert Nemchin, Program Manager for the Montgomery County Fire and Rescue Service, Office of Emergency Management for consideration by the Mayor and Town Council. Copies were distributed and comments requested before the next Town Council Meeting on February 4, 2003.

Unfinished Business:

Town Sign: It was noted that the Town sign had been damaged and was removed from the south entrance to the Town. Mayor White and Councilman Wilkinson have contacted Sterico signs to inquire about the repair and re-installation of the sign.

Town Logo: Ms. Sophia Voit distributed a draft of an announcement regarding the Town of Laytonsville Logo Contest. Ms. Voit requested that the Town Council review the draft.

“Stadler” Reclassification: Mayor White reviewed the Public Hearing on November 5, 2002 wherein the Reclassification Application submitted by Laytonsville Nurseries, Laytonsville Properties and the Stadler family to request a R-1 zoning for approximately 107 acres within the town. On November 5, 2002, the motion to deny approval of the Reclassification of Zoning Request was approved. On November 15, 2002, the Petitioners filed an Administrative Appeal pursuant to the provisions of Rule 7-202 of the Maryland Rules with the Circuit Court for Montgomery County. In a Motion for Stay of Proceedings received by the Montgomery County Court dated December 23, 2002 an indefinite stay regarding the Judicial Review was filed.

Mayor White requested a discussion of the proceedings. Councilman Frank Bennett reported that it would be appropriate to pursue the two acre zoning classification as requested in the November 25, 2002 Text Amendment Application and that the two acre classification be in place before any negotiation with the Stadler Family and legal counsel. Councilman Bennett made a motion that the Town of Laytonsville create a two acre zoning ordinance definition – with the option of clustering – and amend the current Master Plan. Motion not voted. Motion not carried.

Mayor White reviewed the history of the Stadler property Annexation Resolution dated November 13, 1984. Councilman Tom Wilkinson reported that he would like the Town Planner, Mr. Stan Benning, review the request. It was agreed that a Work Session should be held to discuss the possibilities.

Town of Laytonsville

Minutes – Meeting of January 7, 2003

Page Three

Other Unfinished Business:

Councilman Wilkinson wanted to re-visit the issue of renting the Town Hall. This subject should be included in the Work Session above.

New Business:

Mayor White reported that a Preliminary Subdivision plan request had been received for the property located across from the Town Hall, at 21606 Laytonsville Road (Coroneos property). A letter from Stan Benning, Town Planner, was reviewed.

Citizens:

Ms. Phyllis Sterling inquired about the possibility of the Laytonsville Historical Society adding an informational sign to the current Town Hall sign. The Historical Society will purchase the sign.

Michael Knapp, Montgomery County Council representative for the Up-County, introduced himself. Mr. Knapp requested input from the residents of Laytonsville and indicated he would be available at (240) 777-7955 or councilmember.knapp@co.mo.md.us.

Eric Wenger inquired about a business shed located on Maple Knoll Drive. Mayor White to meet with Mr. Wenger to discuss.

Eckford Voit inquired about the zoning issues and the Text Amendment Application that was presented at the December 3, 2002 Town Council meeting and expressed a concern about delaying any discussion until May, 2003 ( the schedule Public Hearing date). Councilman Wilkinson added that if a contractor submitted a preliminary plan before the Town’s zoning code was amended, the Town would have to deal with the current zoning code. Councilman Wilkinson made a motion to have a public hearing to discuss the one-half and one acre zoning reclassification in February, 2003. Motion not voted. Motion not carried. Phyllis Sterling reminded the meeting that certain procedures must be followed regarding notification of Work Session, Public Hearings and changes to the Zoning Plan.

Town of Laytonsville

Minutes - Meeting of January 7, 2003

Page Four

Kim Tucker recommended that the Public Hearing also be moved up from the originally-scheduled May, 2003 date and, therefore, provide a smaller timeframe to restrict the haphazard plans being submitted. She further recommended that a Work Session be held and then the Public Hearing.

Paul Foster requested that future meetings be held in the Laytonsville Elementary School or at St. Bartholomew’s Church to accommodate the number of residents attending the meetings.

Brendan Deyo inquired as to what the residents can do to expedite the zoning clarifications and any decisions made in this regard.

Willard Oland reported that he also was in favor of amending the current Zoning Ordinance to include a two acre classification and cautioned the meeting that a two week notification would be appropriate. Messrs. MacDonald and Benning should be included in any discussions.

Joseph Sladki discussed the motion to hold a February, 2003 Public Hearing and asked why the Council refused to vote on the motion.

Councilman Tom Wilkinson made a motion to amend his previous motion to have a Work Session on January 14, 2003 to now read that a motion was made to hold a Work Session on January 21, 2003 and a Public Hearing on January 28, 2003. Councilman Frank Bennett seconded. Motion approved.

Councilman Frank Bennett made a motion to adjourn the meeting at 9:20 p.m.

Councilman Wilkinson seconded. Motion approved.

Cathryn D. Buit

January 7, 2003