February 4, 2003
A Public Hearing to amend the Town budget was called to order by Mayor
Charles T. White on February 4, 2003 at 7:30 p.m. in the Laytonsville Town
Hall. The hearing was to amend the
budget as adopted for fiscal year June 30, 2003. A summary of the proposed changes are: Add $3,000.00 to the $17,500.00 in the Roads Fund Repairs Budget
from accumulated surplus; and to transfer $4,000.00 to Legal Counsel from the
General Funds surplus. The Public
Hearing was closed at 7:35 p.m.
The regular meeting of the Laytonsville Town Council was called to order
by Mayor Charles T. White on February 4, 2003 at 7:35 p.m. in the Laytonsville
Town Hall. Council members Bennett,
Bradsher, Preusch and Wilkinson were in attendance. There were 15 citizens present. Mr. Jim Lindsay and Mr. Stan
Abrams were present. The Clerk and the
Treasurer were also present.
The minutes of January 7, 2003 were approved as read.
Reports:
Treasurer:
The major expense for the month of January was the $20,354.00 invoice for
the road repair from the F.O. Day Company to complete the repair on Sunset
Street and Mobley Farm Drive. The other
expense was the cost of snow removal for the month of January. The final General Fund Balance for the Town
is $50,291.02 and the CIP Balance is $66,778.97. Councilman Bennett moved that
the Treasurer’s report be accepted subject to audit. Councilman Wilkinson seconded.
Motion approved.
Lindsay & Salita: Mayor White introduced Jim Lindsay, partner,
Lindsay & Salita. Mr. Lindsay
reported that the audit for the Town was completed in the Fall of 2002,
following GAAP guidelines. Any
questions may be referred to Mr. Lindsay at (301) 596-1996. The Town received an unqualified
opinion. In their audit, it was noted
that there were no disagreements with management; internal controls were
reviewed; there were no material weaknesses revealed; management was
cooperative; and there were no errors or illegal acts. According to GASBY 34, the Town must be in compliance
no later than 6-30-04. This change will
significantly change the format of the Town’s audit.
Stan Abrams: Mayor White introduced Stanley D. Abrams as
the Town’s new legal counsel. Mr.
Abrams is also legal counsel for the City of Gaithersburg and specializes in
land use, municipal law and zoning issues.
Minutes – Meeting of February 4, 2003
Page Two
Mennonite Students Visit: Mayor White reported that approximately 15
Mennonite students from the Sharon Mennonite Bible Institute donated several
hours to the Town Hall on Saturday, January 18, 2003 as part of their service
hour’s commitment. The group cleaned,
vacuumed and as a finale, sang several hymns in perfect harmony.
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.
Councilman Frank Bennett made a motion for the Town of Laytonsville to
enter into A Memorandum of Understanding – Emergency Management agreement with
Montgomery County to provide police, fire/rescue and other resources to the
extent available during a public emergency to the Town. Councilman Wilkinson seconded. Motion
approved.
A Ricoh copier has been temporarily installed at the Town Hall and a proposal has been received for the Town’s consideration for lease/purchase. The Clerk will obtain two other quotes for comparison.
Unfinished Business:
Coroneos Preliminary Subdivision Plan Request: Mayor White met with Mr. Robel, agent for the Coroneos property at 21606 Laytonsville Road and with Mr. Stan Benning, Town Planner on January 30, 2003. After discussion, Mr. Robel has withdrawn the application from consideration.
Town Sign: The Town sign at the southern entrance to
the Town has been repaired and reinstalled.
K.J. Tucker Text Amendment Application: Mayor White reviewed the Work
Sessions of January 21 and January 28, 2003 and noted that the Public Hearing
will be held on February 11, 2003 regarding this application. Mr. Abrams pointed out that the Mayor and
Council could change any Text Amendment language as required. Mr. Abrams’s only concern was that this
application was an extensive re-write of the Town’s Zoning Ordinance. Mr. Abrams further recommended that in terms
of the Public Hearing scheduled for February 11, 2003, that the record be held
open for an indefinite period of time.
“Stadler” Reclassification: Mayor White reviewed the Work Sessions of
January 21 and January 28, 2003 and noted that the Public Hearing will be held
on February 11, 2003 regarding this application as well. The Public Hearing will be held at 7:30 p.m.
in the undercroft of St. Bartholomew’s Church.
Historical Center Sign: Mayor
White reminded the meeting that a request has been received from the Historical
Center to add an “Open” sign to the current Town Hall sign
as appropriate. Councilman
Preusch made a motion to approve the Historical Center’s request to attach an
“Open” sign to the current Town Hall sign.
Frank Bennett seconded. Motion approved.
Town of Laytonsville
Minutes – Meeting of February 4, 2003
Page Three
Other Unfinished Business:
Rental of the Town Hall: The request to consider various options for the possible rental of the Town Hall facilities was tabled by Councilman Wilkinson.
New Business:
Stabler Pre-Preliminary Plan Application: Mayor
White reported that a Pre-Preliminary Plan Application request had been
received from Maryland National Capital Park & Planning, 8787 Georgia
Avenue, in Silver Spring, Maryland to request the Town’s comments and
recommendations on this proposal. The
proposal is to construct four houses on Parcel 900, located on Route 108,
adjacent to the Town limits.
Councilman Preusch noted that this development, along with the proposed
development on Brink Road by Elmstreet Development, would significantly inhibit
the proposed Route 108 By Pass. Councilman
Preusch would like to have a meeting with Maryland National Capital Park &
Planning to review the process. Mr.
Abrams noted that the Stabler Pre-Preliminary Plan and the Elmstreet
Development Plan were opportunities to advise Mr. Weaver in the Subdivision
Office of Maryland National Capital Park & Planning of the Town’s concerns
as to the By Pass. Councilman Wilkinson
recommended that the Council prepare a letter to MNCP&P to set forth the
Town’s concerns. Councilman Wilkinson
made a motion that the Town of Laytonsville write MNCP&P and the Montgomery
Council a letter to strongly request that they consider a Route 108 By Pass for
the Town of Laytonsville. Councilman
Bennett seconded. Motion approved.
Councilman Wilkinson will call MNCP&P on 2-5-03 to follow up on
status of above plans.
Board of Appeals: Mayor White noted that according to Section
66B of the Annotated Code of the State of Maryland, the Town should have a
separate Board of Appeals to review special exceptions, variances and any administrative
appeals. Mr. Abrams noted that a Board
of Appeals does not review zoning issues.
Mr. Abrams will review the appropriate Resolution language to establish
a Board of Appeals for the Town.
Budget Amendment: Councilman Frank Bennett made a motion to
accept the Budget Amendment to add $3,000.00 to the $17,500.00 in the Roads
Fund Repairs Budget from accumulated surplus and to transfer $4,000.00 to Legal
Counsel from the General Funds surplus.
Councilman Tom Wilkinson seconded.
Motion approved.
Montgomery County Library Services: A letter has been received from
Mrs. Barbara Norland, Public Services Administrator for the Department of
Public Libraries, Montgomery County regarding their consideration of bookmobile
services for the Town of Laytonsville.
Several sites were selected and are under consideration.
Town of Laytonsville
Minutes - Meeting of February 4, 2003
Page Four
Citizens:
Larry Barker noted that the Text Amendment Applications continue to
change and go through revisions. Mr.
Abrams again suggested that the Town should hold the record open indefinitely
after the Public Hearing so that the Council could decide that sufficient input
has been received and that the Council could then vote on the applications.
Sophia Voit inquired about the emergency preparedness plan for the Town
of Laytonsville. Mayor White emphasized
that with today’s environment, the Memorandum of Understanding – Emergency
Management services in conjunction with Montgomery County was recommended for
adoption by the Town. Willard Oland reported that the Town of Laytonsville
previously did have an adopted Emergency Plan.
Councilman Preusch wanted to revisit the request to update the Town’s
Comprehensive Plan, originally adopted November 14, 1989. Councilman Preusch made a motion that the
Town of Laytonsville engage Stan Benning or an independent planner to
review/revise the current Town Comprehensive Plan. Councilman Bennett seconded.
Mayor White abstained. Motion approved.
Mr. Abrams noted that the Town has received a Text Amendment application
to create an R3 zone (2 acres). The
Town can then act on this zoning request without creating a new Comprehensive
Plan.
Councilman Frank Bennett made a motion to adjourn the meeting. Councilman Wilkinson seconded. Motion
approved. The meeting was adjourned
at 9:00 p.m.
Cathryn D. Buit
February 4, 2003
REMINDER: THE MAYOR AND COUNCIL WILL HOLD WORK
SESSIONS ON MARCH 11 AND MARCH 25, 2003 AT THE TOWN HALL, 7:30 P.M. SEE WWW.LAYTONSVILLE.MD.US THE WORK SESSION ON MARCH 25, 2003 WILL INCLUDE DISCUSSION OF THE
FY 2004 BUDGET