Meeting minutes of Town Council Meeting on May 6th, 2003

As reviewed, approved, and accepted by the Town Council on June 3rd, 2003

 

The regular meeting of the Laytonsville Town Council was called to order by Mayor Charles T. White on May 6, 2003 at 7:35 p.m. in the Laytonsville Town Hall.  Council members Bennett, Bradsher, Preusch and Wilkinson were in attendance.   Stan Abrams, Town Attorney, and Stan Benning, Town Planner were in attendance. There were 20 citizens present.  The Clerk and the Treasurer were also present.

 

The minutes of April 1, 2003 were approved as presented.

 

The minutes of the following Work Sessions were presented for approval:

 

Work Session of August 31, 2002:  Council Member Dave Preusch made a motion to accept the minutes of the Work Session of August 31, 2002 as presented.  Council Frank Bennett seconded.  Motion unanimously approved.

Work Session of October 5, 2002:  Council Member Tom Wilkinson requested that an amendment to these minutes be included:  At the Work Session of October 5, 2002, the area behind the Town Hall was discussed as a possible space for use by Town residents by building up any low areas and to perhaps leave the cement slab as a future picnic area.  Council Member Charles Bradsher made the motion to accept the minutes of the Work Session of October 5, 2002 with the above amendment.  Mayor White seconded.  Motion unanimously approved.

Work Session of October 26, 2002:  Minutes deferred for approval.  Council Member Tom Wilkinson will prepare necessary amendments to the minutes of the Work Session dated October 26, 2002 for consideration at the next Town Council Meeting.

Work Session of January 21, 2003:  Council Member Frank Bennett made a motion to accept the minutes of the Work Session of January 21, 2003 as presented.  Council Member Dave Preusch seconded.  Council Member Tom Wilkinson opposed.  Council Member Charles Bradsher and Mayor Charles White voted to approve minutes as presented.  Motion approved.

Work Session of January 28, 2003: Council Member Frank Bennett made a motion to accept the minutes of the Work Session of January 28, 2003 as presented.  Council Member Charles Bradsher seconded.  Council Member Dave Preusch and Mayor Charles White voted to approve the minutes as presented.  Council Member Tom Wilkinson abstained.  Motion approved.

 

Work Session of March 11, 2003:  Council Member Frank Bennett made a motion to accept the minutes of the Work Session of March 11, 2003 as presented.  Council Member Charles Bradsher seconded.  Mayor Charles White voted to approve the minutes as presented.  Council Members Tom Wilkinson and Dave Preusch abstained. Motion approved.

 

Work Session of March 25, 2003:  Council Member Frank Bennett made a motion to accept the minutes of the Work Session of March 25, 2003 as presented.  Council Member Charles Bradsher seconded.  Council Member Dave Preusch and Mayor Charles White voted to approve the minutes as presented.  Council Member Tom Wilkinson abstained.  Motion approved.

 

Public Hearing of February 11, 2003:  Council Member Frank Bennett made a motion to accept the minutes of the Public Hearing of February 11, 2003 as presented.  Council Member Dave Preusch seconded.  Council Member Charles Bradsher and Mayor Charles White voted to approve the minutes as presented.  Council Member Tom Wilkinson abstained.  Motion approved.

 

Public Hearing of April 8, 2003:  Council Member Frank Bennett made a motion to accept the minutes of the Public Hearing of April 8, 2003 as presented.  Council Member Charles Bradsher seconded.  Mayor Charles White voted to approve the minutes as presented.  Council Members Dave Preusch and Tom Wilkinson abstained.  Motion approved.

 

Reports/Discussion:

 

Treasurer:      The General Fund Balance for the month ending April is $55,687.40.       .

Major expenses for the month of April were the heating costs of $1,076.50 and waste collection in the amount of $1,844.l59. Income for the month was $12,179.20              .

The CIP Account Balance is $70,531.59 and the total Town assets for April are $391,287.49.    Council Member Dave Preusch made a motion to accept the Treasurer’s report as presented, subject to audit.  Council Member Frank Bennett seconded.  Motion unanimously approved.

 

The Treasurer reported that the approved minutes of the regular Town Council Meeting dated March 4, 2003 should be amended to read that the Town’s total assets for the month of February, 2003 were $382,070.33 not $56,238.27.  Council Member Frank Bennett made a motion to amend the regular Town Council Meeting minutes dated March 4, 2003 to reflect that the Town’s total assets for the month of February were

 

$382,070.33.  Council Member Dave Preusch seconded.  Motion unanimously approved.

 

The Treasurer reported that the 2002/2003 Constant Yield Tax Rate for the Montgomery County is $0.712 for Real Property only.

 

 

Mayor:                       

 

Election Results:  The Town of Laytonsville held elections on May 5, 2003 and a voter turnout of 124 voters voted as follows: 

Charles W. Oland      (Mayor)                       116 votes

 

Frank Bennett                        (Council)                     74 votes

Brendan Deyo                       (Council)                       47 votes

Dave Preusch                        (Council)                     109 votes

 

Mayor White thanked the election tellers:  Dottie Tessier, Barbara White, Phyllis Sterling and Jake Cecere.

 

Montgomery County Library Bookmobile:  The Mayor reported that Montgomery County has discontinued their Bookmobile service.

 

Open House/Reception:  The Mayor reported that the Town Hall will have an Open House and Reception on May 17, 2003 from 10:00 a.m. until 3:00 p.m.  Laytonsville Elementary School and Laytonsville Lions Club will be hosting the Laytonsville Community Day Spring Festival and Parade that day as well.

 

Laytonsville Elementary School Parking:  The Mayor met with school representatives regarding their desire to expand their parking facility

 

Clean-Up Day:  The Mayor thanked Wayne and Phyllis Sterling, Jake, Jacob and Cathy Buit for assisting him in the Town Hall grounds clean up on May 3, 2003.

 

 

Council:

 

Council Member Tom Wilkinson suggested that as regards the Laytonsville Elementary School’s parking lot expansion, they also consider an off-duty police officer to direct traffic.

 

 

 

Clerk:

 

The Clerk reported that in compliance with the Open Meetings Act. Sec. 10-509 the following information is submitted regarding the Closed Session of the Mayor and Council on April 8, 2003:

 

 

  1. Statement of Time, Place and Purpose of Closed Session

 

Closed Session was held on April 8, 2003 at 8:30 p.m.  at the Town Hall following the Public Hearing (to discuss proposed Zoning Text Amendment Creating a Board of Appeals) to discuss pending litigation.  Present:  Mayor White, Council Members:  Bennett, Bradsher, Preusch, and Wilkinson.  Town Attorney Stan Abrams and Town Planner, Stan Benning and the Clerk were present.

 

 

2.   At the April 1, 2003 Regular Meeting of the Town Council, Mayor White           requested a closed Executive Session following the Public Hearing on April 8,            2003 and pursuant to Section 10-508, State Government Article .  Council       Member Frank Bennett made a motion to approve the request to hold a Closed        Executive Session on April 8, 2003.  Council Member Dave Preusch seconded.     Motion approved unanimously.

 

  1. Topics of Discussion:

 

Pending litigation

Open Meetings Act Compliance

Cancellation of April 15, 2003 Work Session

            Schedule new Public Hearings for the Zoning Text Amendment filed by the                                         Stadler Family to create an R3 Zone including optional cluster; a proposed                       amendment of text of zoning ordinance to create a Board of Appeals; and                                 an Ordinance to amend Section 27 of the Town of Laytonsville                                      Subdivision Regulation to provide sewerage disposal location                                      requirements on lots approved by subdivision.

 

  1. Record of vote to close Closed Session:

                        Bennett           Yes

                        Bradsher        Yes

                        Preusch          Yes     

                        Wilkinson       Yes

                        White              Yes

                       

 

Closed session adjourned 9:05 p.m.

 

 

Council Member Frank Bennett made a motion to approve the report of the information submitted regarding the Closed Session of the Mayor and Council on April 8, 2003.  Council Member Dave Preusch seconded.  Motion unanimously approved.

 

 

Unfinished Business:

 

Review of Town’s Comprehensive Plan:  Town Attorney Stan Abrams reported that the Mayor and Council could direct himself and Town Planner, Stan Benning to conduct a very limited amendment to the current Comprehensive Plan or the Mayor and Council could request a more extensive review and in that case, a committee or Citizens Advisory group of Town citizens could be formed to solicit comments and report back to the Mayor and Council.  Depending on how much change is recommended, the Town may have to engage a private consultant.  Council Member Dave Preusch recommended that Messrs. Abrams and Benning review the Town’s Comprehensive Plan to include the addition of the two acre zone (R3) currently under discussion.  Council Members Frank Bennett and Tom Wilkinson agreed.

 

The Mayor and Council agreed to request that Messrs. Abrams and Benning proceed immediately with the review of the Comprehensive Plan as discussed and then to appoint a Citizens Advisory Committee to review any extensive changes.  The Mayor and Council further agreed that the Citizens Advisory Committee should consist of five (5) residents.  Meeting minutes are not required for the Citizens Advisory Committee.

 

Zoning Text Amendment filed by the Stadler Family to Create an R3 Zone including Optional Cluster Provisions:  Discussed under New Business.

 

A Proposed Amendment of Text of Zoning Ordinance to Create a Board of Appeals:  Discussed under New Business

 

An Ordinance to Amend Section 27 of the Town’s Subdivision Regulations to Provide Sewerage Disposal Location Requirements on Lots Approved by Subdivision:  The Mayor announced that the Public Hearing for this Ordinance is May 13, 2003 at 7:30 p.m. in the undercroft of St. Bartholomew’s Church.

 

A Text Amendment Application Submitted by K.J. Tucker to Revise

Various Section of the Zoning Ordinance:  The Town will re-advertise this Amendment for a new Public Hearing. 

 

Stan Abrams reported that the Town should review filing fees and consider an increase.  Mr. Abrams will review other municipalities’ fee schedules and make a recommendation.

 

 

Lions Club Proposal for Use of the Town Hall:  Jake Cecere presented a Certificate of Liability Insurance and an Indemnification Agreement for the Lions Club Board to utilize the Town Hall for their meetings.  Stan Abrams reported that the Town needs a “Use Agreement” that outlines:  How often the Town Hall would be used by the Lions Club Board and what is the scope of the use of the Town Hall property.  The agreement should contain a “Discontinuance Use” as well as a “Non-Exclusive Clause.”  Jake Cecere will draft an agreement.

 

 

New Business:

 

Preliminary Plan from Natelli Properties:  The Mayor reported that the Town had received a Preliminary Plan from the Natelli Properties on May 6, 2003.  The information will be turned over to the Town’s Land Planner, Stan Benning.

 

Motion to Reconsider Stadler R3Zone Including Optional Cluster:  This Text Amendment will be reconsidered due to insufficient publication notice.    Council Member Frank Bennett made a motion to reconsider the Stadler R3 Zone Including Optional Cluster Text Amendment.  Council Member Dave Preusch seconded.  Unanimously approved.

 

Proposed Amendment of Text of Zoning Ordinance to Create a Board of Appeals:  A new Public Hearing will be held on May 13, 2003 at 7:30 p.m. in the undercroft of St. Bartholomew’s Church due to insufficient public notice.

 

An Ordinance to Amend Section 27 of the town’s Subdivision Regulations to Provide Sewerage Disposal Location:  The Public Hearing will be held on May 13, 2003 at 7:30 p.m. in the undercroft of St. Bartholomew’s Church.

 

Special Exception – Laytonsville Volunteer Fire Department – Antenna Request:  Deferred.

 

Work Session – May 20, 2003:  The Mayor and Council agreed that the Agenda for this Work Session be as follows:  Review of Town’s Comprehensive Plan; Review Town’s filing fees; and the Public Hearing of May 13, 2003 (Zoning Text Amendment filed by Stadler Family to Create an R3 Zone including optional cluster provisions; a proposed amendment of Text of Zoning Ordinance to Create a Board of Appeals; and An Ordinance to amend Section 27 of the Town’s Subdivision Regulations to provide Sewerage Disposal Location Requirements on Lots approved by Subdivision.)

 

Remuneration to St. Bartholomew’s Church:   Reimbursement to St. Bartholomew’s Church for the Town’s use of their undercroft was discussed.  Council Member Frank Bennett made the motion to reimburse St. Bartholomew in the amount of $200.00 for the

three previous meetings held in their undercroft by the Town.  Council Member Tom Wilkinson seconded.  Unanimously approved.

 

 

Citizens:

 

 

Willard Oland reported that the any use of the Town Hall should be uniform in the documentation, liability insurance and any indemnification agreements, etc. used.

 

Larry Barker reported on a public safety issue:  Parking of vehicles at Route 108 and Howard Street.  Mr. Barker would request that the vehicles be moved from the corner to other available spaces.  Mayor White will review the situation.

 

Council Member Preusch made a motion to adjourn the meeting at 9:10 p.m.  Councilman Wilkinson seconded.   Motion approved.

 

 

 

Prepared and submitted by Town Clerk - Cathryn D. Buit

May 6, 2003