Meeting minutes of Public Hearings and theTown Council Meeting on August 5, 2003

As reviewed, approved, and accepted by the Town Council on September 2, 2003.

           

 

 

 

 

August 5, 2003

 

The Public Hearing to consider the Ordinance to Repeal, rename and reenact with amendments the Historic Area Zoning Ordinance was called to order by Mayor  Charles W.  Oland at 7:30 p.m.  The Clerk responded that the appropriate notice for the hearing was posted and published.  There being no testimony, the Hearing was then closed at     7: 32 p.m.

 

The Public Hearing to consider the Ordinance to amend the procedures and requirements in the Town’s Absentee Ballot was called to order by Mayor Charles W. Oland at 7:33 p.m.  The Clerk responded that the appropriate notice for the hearing was posted and published.  Merritt Techter questioned two items regarding the timing of the submissions required in the Absentee Ballot Ordinance.  The timing reflects the days that the Town Hall is opened to the public for business matters.  The Hearing was then closed at 7:35 p.m.

 

The Public Hearing to consider an Ordinance to amend the Town’s Building Permit was called to order by Mayor Charles W. Oland at 7:36 p.m.  The Clerk responded that the appropriate notice for the hearing was posted and published.  Eric Wenger questioned the format of the draft Ordinance available for review.  The Hearing was then closed at 7:40 p.m.

 

The regular meeting of the Laytonsville Town Council was called to order by Mayor Charles W. Oland on August 5, 2003 at 7:42 p.m. in the Laytonsville Town Hall.  Council members Bennett,  Preusch and Wilkinson were in attendance.   Council Member Charles Bradsher was absent.  There were 20 citizens present.  Stan Benning, Town Planner, was present.  The Clerk and Treasurer  were also present.

 

 

The minutes of the regular Town Council meeting of July 1, 2003 and the minutes of the Work Session held on July 15, 2003 were approved as submitted.

 

 

Announcements/Reports:

 

Treasurer’s Report:  The Treasurer reported that the major income for July, 2003 was for waste removal fees in the amount of $798.00.  Major expenses for July, 2003 were $1,130 for Town Hall grounds maintenance, $850.00 for repairs and maintenance for Town Hall and insurance expenses in the amount of $1,858 and waste collection expenses in the amount of  $1,844.59.  The General Fund balance is $67,284.08, the CIP balance is $74,730.01.  The total of the Town income, funds and assets is $407,082.59.  Council Member Frank Bennett made the motion to accept the Treasurer’s report as submitted, subject to audit.  Council Member Tom Wilkinson seconded.  Motion approved.

 

Mayor:

 

Mayor Oland reported on the following items:

 

Sidewalks:  A proposal to make temporary repairs will be discussed in theWork Session of August 19, 2003.

 

Sump Pump:  A sump pump was installed in the Town Hall on July 15, 2003.

 

Sound Recording:  A sound recording system has been set up at the Town Hall by All Sound & Stage in Laytonsville for the consideration of purchasing a system for the Town Hall.

 

Tree:  Arrangements were made to remove the large, damaged tree at the Town Hall’s parking lot.

 

September Hearings:  On September 2, 2003 at 7:30 p.m. at the Town Hall there will be Public Hearings to consider:  The Resolution to adopt an amendment to the Comprehensive (Land) Plan and an Ordinance to adopt an amendment to the Zoning Map.

 

Discussion with Stan Abrams:  A discussion regarding the Town’s Charter was held with Mr. Abrams, Town Attorney.  Mr. Abrams recommended that the Town begin the review of the current Charter which has limited powers and that the Town could take advantages of additional powers authorized the State of Maryland.

 

Citizens Advisory Committee:  The Citizens Advisory Committee met on Tuesday, July 29, 2003 at the Town Hall as an organizational meeting.    Council Member David Preusch is also a member of the Citizens Advisory Committee and he reported that the meeting was unofficial and it was decided to meet again on Tuesday, August 12, 2003 at 7:30 p.m. in the Town Hall and to tentatively meet the second Tuesday of every month thereafter.  Eric Wenger volunteered to serve as Temporary Chairman of the Citizens Advisory Committee.  Council Member Tom Wilkinson is also a member of the Committee and reminded the meeting that the meetings are open to the public.

 

Letter from Maryland Department of Planning:  A letter dated July 10, 2003 was received from the Maryland Department of Planning in response to the Town’s request regarding a review of the addition of the visions for the Chesapeake that were in effect at that time to the Town’s Comprehensive Plan.  Maryland Department of Planning reported that a paper file could not be located but an electronic chart that contains an entry indicating that they did receive the Plan and that the vision statements were a part of that Plan.

 

 

Council Member Michael Knapp:  Montgomery County Council Member Michael Knapp will be in Laytonsville at the Town Hall on August 20, 2003 at 7:00 p.m. to conduct an “Open Mike Meeting”.  All residents are encouraged to attend.

 

Board of Appeals:  The members of the Board of Appeals were sworn in on July 16, 2003 and have held two meetings (July 16 and August 4).  The Board of Appeals will meet on the first Monday of each month.  The first Hearing will be held on September 8, 2003 jointly with the Historic District Commission.

 

Work Session:  There will be a Work Session on August 19, 2003 to further discuss the Hearings on September 2, 2003.  The Town has received a preliminary plan from Natelli Communities and may require a special meeting if an extension of the August 25, 2003 expiration date is not received within the next week.

 

 

Council:

 

Council Member David Preusch reported that the additional truck traffic at the landfill was caused by:  trucks utilizing an administration building; utilizing a maintenance facility and the leache collections system.  Further, Montgomery County has a pilot recycling program and the new recycling containers are being stored at the landfill.   The status of the bus parking lot is still be evaluated.

 

Council Member David Preusch reported on the status of the Northwest By-Pass.  A map was distributed for review.   The purpose of the By-Pass was to relocate traffic from the center of the Town and has been in the Town’s planning process for twenty years.  The By-Pass is still uncertain due to the State funds required to build the By-Pass and the current Smart Growth status of Laytonsville’s rural land.  It was noted that the Town of Brookeville is in the process of  a review by the State for an alternative alignment route.

 

Council Member Frank Bennett reported that he and Council Member David Preusch reviewed the Catch Basin at Montgomery Avenue and that he had met with Jim Ruff, Macris, Hendricks & Glascock.  It was recommended that the storm drain should be increased.  Council Member Frank Bennett made a motion that the Town contact Jim Ruff and request that a concept plan to revise the storm drain system along Montgomery Avenue be prepared.  Council Member Preusch seconded.  Motion approved.

 

Council Member Tom Wilkinson submitted a proposal entitled “Town Hall Overhead” relative to the rental of the Town Hall.  It was mentioned that approximately $273.00 per week was the Town Hall’s overhead and, therefore, an event charge of $200.00 - $250.00 was recommended with a discount for non-profit organizations and town residents. 

 

The current usage of the Town Hall by the Laytonsville Lions’ Club Board of Directors will be discussed at a Work Session.

 

Clerk:

 

Nothing to report.

 

Citizen Discussion Items:

 

Phyllis Sterling noted that the August 20, 2003 time for Council Member Michael Knapp was 7:00 p.m. and that the Work Session is 8-19-03.  Ms. Sterling also noted that municipalities were considered a part of the Smart Growth program.  She further noted that the Town needs to consider occupancy permit requirements in the Town Hall rental discussions.

 

Jake Cecere presented an Use and Indemnification Agreement between the Laytonsville Lions’ Club  and the Town for the use of the Town Hall for the Lions’ Club Board of Directors meetings which are held on the first Thursday of every month.  It was recommended that the Lions Club Board of Directors continue to use the Town Hall until usage rates are determined.  Mayor Oland reported that the Town Attorney would review the Use and Indemnification Agreement.

 

Action Items:

 

Mayor Willard Oland nominated Council Member David Preusch as a member of the Citizens Advisory Board.  Council Member Tom Wilkinson made the motion to approve David Preusch as a member of the Citizens Advisory Board.  Council Member Frank Bennett seconded.  Motion approved.

 

Building Permit Ordinance:  Council Member Frank Bennett made the motion to close the record of the Public Hearing to consider the Ordinance to Amend the Town’s Building Permit.  Council Member David Preusch seconded.  Motion approved. 

 

Council Member Frank Bennett made the motion to approve the Ordinance to Amend the Town’s Building Permit as presented at the August 5, 2003 Public Hearing.  Council Member Tom Wilkinson seconded.  Motion approved.

 

Absentee Ballot:  Council Member David Preusch made the motion to close the record of the Public Hearing to consider the Ordinance to Amend the Procedures and Requirements in the Town’s Absentee Ballot.  Council Member Frank Bennett seconded.  Motion approved.

 

Council Member David Preusch made the motion to approve the Ordinance to Amend the Procedures and Requirements in the Town’s Absentee Ballot as presented at the August 5, 2003 Public Hearing.  Council Member Frank Bennett seconded.  Motion approved.

 

Historic Area Zoning Ordinance/Historic Area Commission:  Council Member Frank Bennett made the motion to  close the record of the Public Hearing to Repeal, Rename and Reenact with Amendments the Historic Area Zoning Ordinance and to establish an Historic District Commission.    Council Member Tom Wilkinson seconded.  Motion approved. 

 

Council Member Frank Bennett made the motion to approve the Ordinance to Repeal, rename and reenact with amendments the Historic Area Zoning Ordinance and to establish an Historic District Commission.  Council Member Tom Wilkinson seconded.  Motion approved.

 

Dottie Tessier volunteered to withdraw her name from the membership of the Historic District Commission.  Mayor Oland reluctantly accepted the withdrawal.  Richard DeWitt will become full member.

 

Mayor Oland nominated the following as members of the Historic District Commission:

           

            Richard DeWitt

            Jill Ruspi

            Phyllis Sterling

            Merritt Techter

            Sheree Wenger

 

Council Member Tom Wilkinson moved that the above nominations to the Historic District Commission be approved.  Council Member Frank Bennett seconded.   Motion approved.

 

 

Citizens:

 

David Halperin reported that he was concerned about the 28% increase in his Laytonsville property tax.

 

Council Member David Preusch made a motion to adjourn the meeting at 8:45 p.m.  Council Member Frank Bennett seconded.  Motion approved.

 

 

Cathryn D. Buit

August 5, 2003