Meeting minutes of Town Council Meeting on February 3, 2004

As reviewed, approved, and accepted by the Town Council on March 2, 2004

February 3, 2004

The follow-up hearing on the Proposed Parking 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 with the Town and to consider the addition of Sec. 9 “Damage to Right-of-Way Areas” to the proposed Ordinance was called to order at 7:30 p.m. Mayor Willard Oland reviewed the revisions to the proposed Parking Ordinance: Section 8 (a): “parking any trailer, camper trailer or boat trailer . . . at any time without first obtaining a temporary parking permit from the Town Clerk.” Section 8: subsection 3) was added “Where not more than one (1) unregistered motor vehicle or trailer is parked or stored in any open yard area of an individual one-family residential lot or parcel. Section 9 “Damage to Right-of-Way Areas” is an addition to the original Parking Ordinance which was presented for public comment at the January 6, 2004 Public Hearing.

Public Comment:

Joseph Sladki Has reviewed the changes to the original proposed

1725 Mobley Farm Drive Parking Ordinance and considers the Ordinance

necessary to prevent damage to public property.

Requested Mayor and Council review Section 4

Language “for an unreasonable amount of time”

And suggested that a finite time would be

More appropriate.

With no further public testimony, the hearing was closed at 7:37 p.m.

The regular meeting of the Laytonsville Town Council was called to order by Mayor Charles W. Oland on February 3, 2004 at 7:38 p.m. in the Laytonsville Town Hall. Council members Bennett, Bradsher, Preusch and Wilkinson were present. There were 9 citizens present. The Clerk and Treasurer were also present.

The minutes of the regular Town Council meeting of January 6, 2004 to include the minutes of the Public Hearing were approved as presented.

The minutes of the Work Session meeting of January 20, 2004 were approved as

presented.

Discussion Items:

Treasurer’s Report: The Treasurer reported that the sources of major income were

$11,189.51 for taxes received. The total income for the month of January, 2004 was $12,010.75. Major expenses for the month of January were $2,755.00 for legal fees. The total expenses for the month were $11,117.62. The net income for January was $893.13. The balance in the CIP fund is $77,692.47; the balance in the Fixed Asset account is $392,208.63; and the balance in the general fund is $105,295.43 with a total asset balance of $575,196.53 Council Member David Preusch made the motion to accept the Treasurer’s report as submitted, subject to audit. Council Member Tom Wilkinson seconded. Motion approved.

Mayor:

By Pass: Mayor Oland reported that in the Work Session on January 20, 2004, the Chair of the Citizens Advisory Committee presented a recommendation as to the placement of the Northwest By Pass for further consideration. Council Member Frank Bennett reported that the proposed Right-of-Way should reflect no less than 100’.

Mr. John Clarke, Vice President of Elm Street Development, reported that the Historic Preservation Department of Maryland National Capital Park & Planning responded that agency would not support a By Pass going through a scenic easement. A discussion regarding the annexation of 200’ to encompass the proposed By Pass and, therefore, bring the By Pass within the Town limits followed.

Mr. Clarke reported that after the Work Session of January 20, 2004, Elm Street Development has these proposed options:

§ Annex required property to bring the proposed Right-of-Way into the Town limits

§ Reduce the Right-of-Way width requirement

§ Review placement of septic fields

§ A hybrid option of where the placement of the proposed Right-of-Way was before the 1980 plan. This would require annexation to accomplish.

Mr. Clarke further requested that the Town’s Comprehensive Plan not be finalized while the By Pass proposals were under discussion.

Mr. Clarke distributed a highlighted map of the proposed By Pass for the Mayor and Council to review. Mr. Mike Bingley (Elm Street Development) distributed a copy of Montgomery County’s Department of Transportation Primary Residential Dual Road 84’ Right-of-Way recommendations.

Mayor Oland requested that Messrs. Clarke and Bingley try to resolve the scenic

easement issue as well as meet with Town Planner, Stan Benning and meet again with the Mayor and Council.

Mayor Oland reported that the Town had amended the Town’s Zoning Ordinance and the Town’s Land Plan to include the new R3 Zone definition of two acre lot size. The amendment to the Zoning Map was approved by Ordinance on September 2, 2003.The Comprehensive Land Plan Map has not been updated. The Town should, therefore, amend the Land Use Plan map to reflect the two acre zoning and later amend both maps to reflect the Northwest By Pass upon its finalization. Council agreed by consensus to conduct a public hearing at 7:30 p.m. on March 2, 2004.

By Pass Coordinator: Mayor Oland reported that Council Member David Preusch had agreed to represent the Town as the By Pass Coordinator. His duties could be to develop a concept for the By Pass; work with the media and political agencies to advocate the need for a Northwest By Pass for the Town of Laytonsville.

Mennonite Students: Mayor Oland commended Reverend Lee Mummau and the eleven Mennonite Students from the Sharon Mennonite College for their outstanding efforts in cleaning the Town Hall on January 17, 2004. At the conclusion of their visit, the group performed several hymns which were enjoyed by all.

Introduction to Amend Charter: An amendment to the Town Charter has been prepared by Town Attorney, Stanley Abrams to amend Section 11A of the Town Charter so as to add to subsection (b) thereof entitled “Specific Powers” a new subparagraph (6) to be entitled “Liens on Property for actions of Town regarding real Property” to create a Lien on real property for any valid maintenance costs incurred by the Town or charges, taxes or assessments due to the Town and provide for a mechanism for collection. The Mayor and Council will review the proposed Resolution for the next Town Council Meeting on March 2, 2004.

Parking Ordinance: The Mayor and Council, by consensus, agreed to changed the language in Section 4 of the proposed Parking Ordinance from “unreasonable length of time” to “for no more than fourteen days.”

Work Session – February 17, 2004: This Work Session will discuss the request submitted by the Citizens Advisory Board to adopt an Ordinance which would grant the Town approval over the style and architecture of new development in the Town

Light Poles - An email has been received from Pepco, reporting that the Light Poles #3 & #4 should be repaired by February 4, 2004.

Rosewood Manor Estates: A Pre-Preliminary Plan has been received from Maryland National Capital Park & Planning Commission reflecting six lots to be proposed for vacant land on Rosewood Manor Lane.

Council:

Clerk:

Citizens:

Action Items:

Town Hall Grass Cutting Contract: A proposal from Goshen Enterprises has been received for the 2004 mowing season. Council Member Frank Bennett made the motion to accept the contract from Goshen Enterprises to mow, trim and edge sidewalks for the 2004 mowing season. Council Member Charles Bradsher seconded. Motion unanimously approved.

Parking Ordinance: Council Member Dave Preusch made the motion to approve the Parking Ordinance with the amended language for Section 4 to include “for no more than fourteen days”. Council Member Frank Bennett seconded. Motion unanimously approved.

Resolution: Council Member Frank Bennett made the motion to approve the Resolution to establish a parking rule restricting parking on Howard Street on the north side of Howard Street from the intersection of Route 108 east 75 feet. Council Member Charles Bradsher seconded. Council Member Tom Wilkinson abstained. Motion approved.

Resolution: Council Member Frank Bennett made the motion to approve the Resolution to establish a parking rule restriction parking on Maple Knoll Drive within certain designated times as the north side of Maple Knoll Drive from the intersection of Route 108 two hundred and ten feet east; parking prohibited between the hours of 9:00 p.m. and 6:00 a.m. Council Member David Preusch seconded. Council Member Tom Wilkinson abstained. Motion approved.

Resolution: Council Member Frank Bennett made the motion to approve the Resolution to establish civil penalties and fines for parking violations of the provisions of the Parking Ordinance approved above to include:

Penalty/Fine

Section Seven (7)

Fire Lane Parking Violations $100

Handicapped Parking Violations $250

All Others $ 40

Section Eight (8) $ 40

Council Member David Preusch seconded. Council Member Tom Wilkinson abstained. Motion approved.

Towing Contract: A towing contract has been received from C&G Towing to enforce the approved Parking Ordinance. Any fee will be recovered from the cost of the towing and there will be no cost to the Town Council Member Frank Bennett made the motion to accept the contract from C&G Towing for a period of one year. Council Member David Preusch seconded. Motion unanimously approved.

Meeting adjourned at 8:40 p.m.

Cathryn D. Buit

Clerk