Meeting
minutes of Town Council Meeting on March 2, 2004
As reviewed,
approved, and accepted by the Town Council on April 6, 2004
March 2, 2004
The hearing on the Proposed Ordinance to adopt an amendment to the Land Use Element Map of the Comprehensive Land Plan to reflect the implementation of the R-3 Zone on certain properties in the Town of Laytonsville was called to order at 7:30 p.m. Mayor Willard Oland reported that the new R-3 Zone was approved as a part of the Comprehensive Land Plan for the Town of Laytonsville on September 2, 2003.
Public Comment:
Virginia Eckenrode Ms. Eckenrode had several questions: What
7120 Brink Road is the procedure for the generation of the Land Use
Map and the Zoning Map and why was there a
discrepancy regarding a portion of the Prasher/
Eckenrode property included in the Reclassifica-
tion. Mayor Oland responded that this portion
fell under the designation “and other properties
which are currently zoned R-1 are recommended for
the new R-3 Zone” (Comprehensive Plan as
amended September 2, 2003). If the Prashers
wished this portion to remain in the R-1 Zone,
they are to notify the Town Hall within a five
day time period.
There being no further public testimony, the Public Hearing was closed at 7:40 p.m.
The regular meeting of the
Laytonsville Town Council was called to order by Mayor Charles W. Oland on
March 2, 2004 at 7:40 p.m. in the Laytonsville Town Hall. Council members Bennett, Bradsher, Preusch
and Wilkinson were present. There were
16 citizens present. The Clerk and
Treasurer were also present.
The minutes of the regular
Town Council meeting of February 3, 2004 to include the minutes of the Public
Hearing were approved as presented.
The minutes of the Work
Session meeting of February 17, 2004 were approved as presented.
Discussion Items:
Treasurer’s Report: The Treasurer reported that the sources of
major income were
$12,604.91 for taxes received. The total income for the month of February,
2004 was $14,985.76. Major expenses for
the month of February were $2,147.50 for snow removal. The total expenses for the month were
$8,776.95. The net income for February
was $6,208.81. The net income balance in the CIP fund is
$1,849.21; the balance in the Fixed Asset account is $392,208.63; and the
balance in the general fund is $116,176.72 with a total asset balance of
$587,927.03. Council Member Tom
Wilkinson made the motion to accept the Treasurer’s report as submitted,
subject to audit. Council Member David
Preusch seconded. Motion approved.
Mayor:
By Pass –
Council Member Dave Preusch reported that at the Maryland Municipal League
Meeting on February 19, 2004 representatives from the Maryland State Highway
Administration were present and recommended that the Town speak to the Maryland
Office of Planning, Mr. David Whitaker.
Mr. Whitaker will be present at the Laytonsville Citizens Advisory Board
meeting on March 10, 2004, 7:30 p.m. to discuss solving traffic issues and the
different By Pass alignments. The
Citizens Advisory Board has been reviewing several alignments and the Maryland
National Capital Park & Planning Commission reported at a meeting on
October 7, 2003 with the Town of Laytonsville that the Town had no control over
any By Pass if it were not within the Town limits. The Work Session scheduled for March 16, 2004 will further
discuss the By Pass.
Town Planner, Stan Benning,
would suggest that the Town hold any further action in abeyance for the next
ninety day period as information must be in compliance with State
requirements. It is Mr. Benning’s
recommendation that the Town select one alignment.
Temporary Parking Permit: Mayor Oland reported that further guidance
should be approved as regards the length of time a temporary parking permit can
be issued. Mayor Oland recommended a
fourteen day term with the referral to the Town Council for any subsequent
renewals of the permit. Approved by
consensus.
Sidewalk Snow Removal: Mayor Oland commented that the Mayor and the
Town Hall had received many compliments about the sidewalk snow removal along
Route 108 and along Brink Road.
Work Session – March 16, 2004: Mayor Oland indicated that this Work Session
would allow representatives from Elm Street Development a further opportunity to
discuss any items of interest.
Charter Amendment: Mayor Oland reviewed the proposed Resolution
to Amend Sections 11A of the Town Charter so as to add subsection (b) thereof a
new subparagraph (6) to be entitled “Liens on Property for Action of Town Regarding
Real Property” to create a lien on real property for any valid maintenance
costs incurred by the Town for charges, taxes or assessments due to the town
and provide for a mechanism for collection.
Master Plan Map Amendment: Mayor Oland indicated that the Master Plan
Map Amendment was the topic of the Public Hearing tonight and opened the
discussion to the Council Members.
Council Members Tom Wilkinson and Dave Preusch commented that the any By
Pass alignment outside of the Town limits was outside of the Town’s control.
Preliminary Budget: Mayor Oland reported that a hearing will be
held in April to approve the Town’s tax rate.
The Treasurer reported that personal property tax and personal property
corporate tax has been combined; that miscellaneous income was high this past
year due to the Walter Cooper donations and that waste removal fees had
increased. The Treasurer further
reported that advertising had been added to the budget; $2,500.00 had been added
as consulting fees for the purpose of reviewing the Town Charter and managing
the Town’s web site. New signs for the
north entrance to the Town will be required; expenses will be incurred for the
Town Hall walkway; information regarding engineering expenses for Montgomery
Street drainage project will be obtained.
Charter Review: Mayor Oland reported that the Institute for
Governmental Service has submitted a letter stating that their fee for
reviewing the Town’s Charter will be $3,500.00.
Council:
Council Member Tom Wilkinson inquired as to the status of the Town Hall roof. Mayor Oland reported that he will contact Jack’s Roofing again regarding their commitment to examine the roof.
Council Member Frank Bennett
commented that a “Children at Play” sign should be installed at Mobley Farm Drive. Council agreed by consensus.
Mayor Oland reported that the
“No Parking” signs had been installed on the north side of Howard Street and
the north side of Maple Knoll Road.
Council Member Dave Preusch
reported that the Town roads needed to be swept. Mayor Oland has received a quote from Goshen Enterprises.
Clerk:
Citizens:
John Clarke, Elm Street
Development, reported that as requested their representatives had met with Stan
Benning and that they agree with Mr. Benning’s recommendation to delay any
decision regarding the By Pass alignment
for ninety days to achieve a consensus of opinion. The Town had also requested that Elm Street
Development’s representatives review the historic easement within their
property. Jody Kline, Esq., Miller, Miller
& Canby has been engaged to address this issue. Mr. Kline reported that the Town of Laytonsville has structured
itself through the Historic District Commission to handle historic issues as a
municipality. If the Jones property
were to be annexed into the Town of Laytonsville, the Town would be free to
designate its status as well as the status of the By Pass. The proposed annexation pre-empts Montgomery
County’s jurisdiction.
Action Items:
Charter Amendment: Council Member Frank Bennett made the motion
to approve the Charter Amendment Resolution as drafted by Town Counsel, Stanley
D. Abrams. Council Member Tom Wilkinson
seconded. Motion unanimously approved.
Master Plan Map Amendment: The record will be held open for five days
and will be re-submitted at the April 6, 2004 Town Council meeting.
Adoption of Resolution to
Enter Agreement – Electricity Procurement. Mayor Oland commented that the Town of
Laytonsville has participated in a group for the purpose of reduced-cost
electricity procurement and the Town has been asked to enter into a contract
with Mondre Energy, Inc.. Council
Member Dave Preusch made the motion to adopt the Resolution and the Agreement as drafted by Town
Counsel, Stanley D. Abrams, to enter into an agreement with Mondre Energy, Inc
as a participant in a joint electrical energy program with Montgomery County,
Maryland. Council Member Tom Wilkinson
seconded. Motion unanimously approved.
Charter: Council Member Tom Wilkinson made a motion
to engage the Institute of Governmental Service to review and update the Town’s
Charter. Council Member Frank Bennett
seconded. Motion unanimously approved.
Citizens:
Merritt Techter questioned if
individual citizens could participate in the electricity procurement. Mayor Oland mentioned that the Town could
possibly become an aggregator in the future for the purchase of electricity.
Mayor Oland reported that a
letter addressed to Mayor and Council from resident Phyllis Sterling had been
received and distributed to Mayor and Council and it would be discussed at the
Work Session on March 16, 2004 or the April 6, 2004 Town Council meeting.
Eckford Voit questioned if it
would be feasible to distribute draft copies of the minutes prior to
meetings. This topic will be added to the agenda for the April Town Council
meeting.
Council Member Tom Wilkinson
made the motion to adjourn the meeting at 9:02 p.m. Council Member Frank Bennett seconded. Motion approved. Meeting adjourned.
Cathryn D. Buit
Clerk
March 2, 2004