Meeting minutes of Town Council Meeting on January 6, 2004

As reviewed, approved, and accepted by the Town Council on February 3, 2004

January 6, 2004

The hearing on the Proposed Ordinance to authorize and establish procedures and regulations with respect to regulating the parking, standing or stopping of vehicles upon public streets and rights-of-way within the Town of Laytonsville was called to order at 7:30 p.m. Mayor Willard Oland highlighted pertinent portion of the proposed Ordinance.

Public Comment:

Dave Halperin Had several points: what was the source of the

Mobley Farm Drive complaint; how does Montgomery County codes/

Laws affect the Town (the Town is a municipality and

As such can institute own codes/ordinances); the

Definition of curbs in the proposed Ordinance

Needed clarification; Section 8 (a) and (b) of the

Proposed Ordinance were restrictive; and requested

Clarification of the Code Enforcement Officer,

Administration of the Ordinance and source of

Funding for such administration.

Brendan Deyo Requested clarification of the public right-of-way

Mobley Farm Drive as discussion in Section 8 (a). Consensus was that

This definition would allow 20’ parking into the grass

On Mobley Farm Drive.

Phyllis Sterling Has spoken with numerous residents specifically

21401 S. Montgomery regarding parking on Howard Street and the difficulty

in ingress/egress, blocked vision, etc. caused by

parked cars close to intersection with Route 108.

Merritt Techter Questioned if proposed Ordinance would enable the

Laytonsville Road Town to address parking on Route 108 in front of

Laytonsville Elementary School. Mayor responded

That this issue could not be addressed in that Route

108 was a state-maintained road.

Eric Wenger Recommended Mayor and Council consider the hobby/

6715 Maple Knoll repair of unregistered vehicles in their consideration of

the proposed Ordinance.

With no further public testimony, the hearing was closed at 7:55 p.m.

The regular meeting of the Laytonsville Town Council was called to order by Mayor Charles W. Oland on January 6, 2004 at 7:58 p.m. in the Laytonsville Town Hall. Council members Bennett, Bradsher, and Preusch and were in attendance. Council Member Wilkinson was absent. There were 15 citizens present. The Clerk was also present. The Treasurer was absent.

The minutes of the regular Town Council meeting of December 2, 2003 were approved as presented.

Discussion Items:

Treasurer’s Report: The Clerk reported that the sources of major income were $789 for taxes received and $376 for Cable TV. The total income for the month of December, 2003 was $2,151. Major expenses for the Month of December were legal fees of $1,653, snow removal in the amount of $825, payroll expenses in the amount of $2,072 and Town Hall lighting repairs of $3,036. The total expenses for the month were $9,482. The net income for December is

$-7,331.24. Council Member Frank Bennett made the motion to accept the Treasurer’s report as submitted, subject to audit. Council Member Charles Bradsher seconded. Motion approved.

Mayor:

Mayor Oland requested updates from the various Chairs. Sheree Wenger, Chair for the Historic District Commission, reported that the Commission has devised a new Historic District Commission application permit. The Commission’s meeting procedures are in place and the Commission will create a template letter to respond to any applications received.

Mayor Oland reported that the Board of Appeals met on January 5, 2004 and they are reviewing three Special Exceptions.

Eric Wenger, Chair of the Citizens Advisory Board, reported that the Route 108 By Pass, Land Use and Zoning portions of the Comprehensive plan continue to be reviewed.

Town Hall Roof: Mayor Oland reported that a letter had been written to Jack’s Roofing Company, Inc. regarding the deterioration of the paint on the Town Hall roof. A Mr. Harry MacDonald will come out to inspect the roof, weather permitting.

Snow Removal: Mayor Oland reported that resident Dale Johnson cleared the sidewalks on the north side of Route 108 during the last snow. J.B. Kline Landscaping has agreed to remove the snow from the three sidewalks: Route 108, Sundown and Brink for a total amount of $150.00.

Walter Cooper Recognition: Mayor Oland presented Walter Cooper with a check representing additional donations received from residents in appreciation of Walter’s fifteen years of dedicated service to the Town. Walter originally was an employee of Wildcat Refuse and later of Waste Management.

Montgomery Street Drainage: Mayor Oland had made arrangements for the swale in front of the Oland residence to be lowered and the drainage there has been successful.

Town Hall Drainage: Goshen Enterprises has informed the Mayor that their repair and replacement of the Town Hall walkway and drainage issues will be performed when weather permits.

Parking Ordinance: Mayor Oland has spoken to Stanley Snouffer and Mr. Snouffer is of the opinion that the appropriate signage should be sufficient to enforce the parking requirements needed by the Town. However, Mr. Snouffer would assist the Town as needed in the capacity of Code Enforcement Officer. At the next Town Council meeting, the Mayor and Council can approve a towing company to enforce the Parking Ordinance.

January Beautiful Baby Display: Mrs. Phyllis Sterling is currently accepting baby photos of Town residents which will be on display at the Town Hall throughout the month of January.

Work Session – January 20, 2004: This Work Session will discuss the proposed Route 108 By Pass. Mr. John Clarke, Elm Street Development and Mayor Richard Allan of the Town of Brookeville have been invited to attend this Work Session.

Oaks Landfill: A letter has been received from Montgomery County Department of Public Works and Transportation informing the Town that the Capital Hang Gliding and Paragliding Association has requested the use of portions of the Oaks Landfill site as training areas for their Association. Council Member David Preusch advised that Dr. William Jaffurs, President of the Oaks Landfill Advisory Commission (OLAC) made a formal request to deny this application.

Public Notice – Bridge on Brink Road: A notice has been received from Maryland National Capital Park and Planning Commission and the Montgomery County Planning Board that the bridge over Goshen Branch (CIP Project No. 509753) will be replaced.

Mennonite Students: Reverend Lee Muumaw and a group of Mennonite students will once again perform their community service of cleaning the Town Hall on January 17, 2004 at 10:00 a.m. The group finishes with a performance of hymns. All are invited to join the group on January 17.

Fulks South (Natelli) Property: Mayor Oland reported that the NRI/Forest Stand Delineation proposal for the Fulks South pre-preliminary plan was reviewed by Mr. David McKee, Benning & Associates, and received his approval. The Mayor and Clerk signed the plan on December 11, 2003.

Special Exceptions: Mayor Oland reported that in the case of special exceptions which were approved years ago that did not have a maturity date, the special exception would transfer with the property upon the sale of that property. Town Attorney, Stanley D. Abrams, is reviewing the language for Special Exceptions and has made a recommendation.

Montgomery County Sanitation and Recycling Company, Inc.: The contract with Montgomery County Sanitation started January 5, 2004 with trash pick up on Mondays and Thursdays and recycling pick up on Mondays.

Maryland Municipal League: There will be a meeting on January 15, 2004 that focuses on State highway issues. Copies of the meeting notice were distributed to Council Member David Preusch and Eric Wenger, Chair of the Citizens Advisory Commission. Messrs. Oland, Preusch and Wenger will attend.

Council:

Clerk:

Citizens:

Sheree Wenger reported that the light pole on Maple Knoll had been replaced but only one light is working. Clerk will contact Baldwin Line Construction of MD.

Brendan Deyo inquired as to the total expenses incurred by the operation of the Town Hall. Mayor Oland reported that maintenance and repair were included in the annual budget.

Merritt Techter inquired as to whether the proposed position of Code Enforcement Officer could be utilized in other capacities within the Town.

Phyllis Sterling reported that Town Planner, Stan Benning, visited the Historic District Commission'’ last meeting and gave direction as to new development within the Town. The Historic District Commission should be involved in any development planning.

Action Items:

Parking Ordinance: Council Member David Preusch recommended that Section 8 (a) of the proposed Ordinance be excluded from the adoption of the Ordinance. Council Member Frank Bennett recommended Section 8 (a) remain. Council Member Charles Bradsher recommended that time limits be included in Section 8 (a).

Council Member Frank Bennett made the motion to retain Section 8 (a) “No person shall park any trailer, camper trailer or boat trailer or any unregistered motor vehicle, upon any highway, roads, streets, public right-of-way or other public property in the Town at any time.” in the proposed Ordinance. Motion failed due to lack of a second.

Section 8 (a) is, therefore, removed in the proposed Ordinance. Clerk will request that the Town Attorney revise the proposed Ordinance. The new proposed Ordinance will be revisited at the February Town Council Meeting.

Mayor Oland reported that a draft Resolution had been distributed to the Council Members on December 30, 2003 regarding fines, parking restrictions and parking restrictions on Howard Street and Maple Knoll Drive) and asked that the Council Members review this information and be prepared to finalize at the February 3, 2004 Town Council Meeting.

Council Member David Preusch made the motion to adjourn the meeting at 8:55 p.m. Council Member Frank Bennett seconded. Motion approved. Meeting adjourned.

Cathryn D. Buit

Clerk

January 6, 2004