Meeting minutes of Town Council Meeting and Public Hearing on May 4, 2004

As reviewed, approved, and accepted by the Town Council on June 1, 2004

 

 

May 4, 2004

 

The hearing on the Proposed Amendments to the Town’s Forest Conservation and Reforestation Ordinance was called to order by Mayor Oland at 7:30 p.m.  Mayor Oland reported that David McKee, Benning & Associates, was the Town’s consultant on forest conservation and had reviewed the current ordinance and made the following recommendations:

 

1.      Section 2.21 of the Forest Conservation Ordinance (Forest Conservation Manual) – update the version of the State Technical Manual to include the current version (1995) (Second Edition).

 

2.      Section X, 10.2, A of the Forest Conservation Ordinance (Payment Instead of Afforestation and Reforestation) – update the time period to reflect the State Code which allows for two or three growing seasons.

 

3.      Section XV, 15.1 of the Forest Conservation Ordinance (Penalties) – update the penalty for non-compliance to the State Code which requires a 30 cents per square foot charge.

 

With no discussion, the Public Hearing was closed at 7:33 p.m.

 

 

 

 

 

The regular meeting of the Laytonsville Town Council was called to order by Mayor Charles W. Oland on May 4, 2004 at 7:35 p.m. in the Laytonsville Town Hall.  Council members Frank Bennett, Charles Bradsher, David Preusch and Tom Wilkinson were present.   There were 6 citizens present.   The Clerk and Treasurer were also present. 

 

 

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

 

The minutes of the Work Session meeting of April 20, 2004 were approved as presented.

 

Discussion Items:

 

Treasurer’s Report:  The Treasurer reported that total income for the General Fund for the month of April, 2004 was ($8,593.80). The total income for the month was ($7,914.12).  Major income was $1,043 for real property tax and $1,065 for Waste removal fees.    Major expenses for the month of April were $1,400.00 for land planning and $3,387 for Repairs and Maintenance for the Town Hall. The total expenses for the month were $10,774.61.  The balance in the General Fund for the month of April is $102,148.77; the balance in the CIP fund is $78,270.07; the balance in the Fixed Asset account is $392,208.63; with a total asset balance of $572,627.47.   Council Member David Preusch made the motion to accept the Treasurer’s report as submitted, subject to audit.  Council Member Frank Bennett seconded.  Motion approved.

 

Discussion/Action Item:

 

Mayor Oland reported that he had spoken with Town Counsel, Stanley Abrams, who indicated he had just received a drafted Annexation Agreement from Jody Kline, Attorney for Elm Street Development regarding the proposed annexation of 25 acres more or less.  This agreement will be discussed at the May 18, 2004 Work Session scheduled at 7:30 p.m. in the Town Hall.

 

 

Discussion Items:

 

 

Mayor:

 

Street Sweeping Proposal:  Proposals have been received from Goshen Enterprises, Tri-State Sweeping, Inc. and Hayat Building Maintenance Service, Inc. to sweep the Town’s streets.  A comparison chart was discussed.

 

Web Site Link:  The Town’s webmaster has received a request from a local real estate office to establish a web site link to the Town’s web site.  The webmaster recommended restricting the links

 

Pepco:  Mayor Oland reported that at the last meeting of the Montgomery County Chapter of the Maryland Municipal League, Pepco officials reported that they will be meeting with various communities and municipalities to improve customer relations. 

 

Montgomery County Workshops:  Montgomery College is offering various workshops throughout the Spring and Summer, 2004, for individuals seeking employment.  Mayor Oland referred inquires to the Town Clerk.

 

Maple Knoll Lights:  Mayor Oland reported that Mr. Benning Ingram from Pepco has reported that  Poles #3 and #4 on Maple Knoll Drive had been repaired.

 

Walkable Communities:   Eric Wenger reported that the Citizens Advisory Committee has invited Mr. Dan Burden from the Walkable Communities group to conduct a walking tour and review of the Town’s needs and requirements regarding traffic and development.  The tour will be on May 8, 2004 starting at the Town Hall at 10:00 a.m.  All residents are encouraged to join the tour.  Mr. Burden will prepare a presentation.  This is the first step to formulate a community action plan to approach the State regarding traffic calming and traffic pattern devices.

 

Elections Results:  Mayor Oland reported that 25 residents voted at the May 3, 2004 election of two council members.  Council Member Charles Bradsher was re-elected with 25 votes and a new Council Member, David A. Halperin, was elected. Mr. Halperin received 18 votes.  The Council Members will take office at the July 6, 2004 regular Town Council meeting. 

 

Water Update:  Mayor Oland reported that the Town had received a copy of a  letter dated April 16, 2004 addressed to WSSC from Natelli Communities in which the developer of the Fulks South parcel  (Natelli Communities) has agreed to fund the deficit of $1 million. 

 

Laytonsville Nurseries, Inc., et al vs Town of Laytonsville:  Mayor Oland reported that under a letter dated April 15, 2004 from Laytonsville Nurseries Corporation’s legal counsel, Jody S. Kline, the Town has been advised that the Stadlers have elected not to proceed with further prosecution of the appeal. 

 

Special Trash Pick Up:            There will be a special trash pick up on Monday, May 10, 2004    

 

Open House:            There will be an open house at the Town Hall on May 15, 2004 from 12:00 until 3:00 p.m. to recognize and honor the fiftieth anniversary of the Laytonsville District Volunteer Fire Department.  There will be a display of photographs and memorabilia.  The Laytonsville Historical Center will be open for visitors.  The Laytonsville Elementary School also will be hosting their annual Spring Festival on the 15th.

 

Mobley Farm Drive:  A resident complaint has been received regarding the location of the “Children at Play” sign.  Council Member Preusch recommended that the sign be removed and affixed to the “No Through Street” sign.  Agreed by consensus.

 

A further complaint was received regarding drainage at Sundown Road.  The Town of Laytonsville has no jurisdiction.  Council Member Preusch recommended that Montgomery County review this drainage situation (culvert). 

 

It was noted that cars have been parked on the grass area in the Town’s right-of-way on Mobley Farm Drive and have caused damage.  According to the Town’s Ordinance No. 01-04.  Homeowners are responsible for repairing any damage.  Letters have been drafted to two residents.

 

Preliminary Plan – Griffith Property:  A notice of Public Hearing regarding the Griffith Property, southwest quadrant intersection of Olney-Laytonsville Road and Dorsey Road has been received from Maryland National Capital Park and Planning.  The Public Hearing will be Thursday, May 13, 2004 at MNCP&P’s office in Silver Spring.

 

Mayor Oland noted that Benham Malcolm, the Town’s webmaster, will be out of town from May 1 through May 15. The Town’s web site will be inactive during that timeframe.

 

Action Items: 

 

Forest Conservation and Reforestation Ordinance:  Council Member Frank Bennett made the motion to repeal and reenact with amendments  the Town’s Forest Conservation Ordinance as presented at the Public Hearing on May 4, 2004.  Council Member Tom Wilkinson seconded.  Motion unanimously approved.

 

Street Sweeping:  Council Member Dave Preusch made the motion to accept Goshen Enterprises proposal to sweep the Town’s streets for $1,000.00 per day.  Council Member Tom Wilkinson seconded.  Motion unanimously approved.

 

Web Site Link:  Council Member Frank Bennett made the motion to restrict commercial web site links to the Town’s web site.  Council Member Tom Wilkinson seconded.  Motion unanimously approved.    Motion approved.

 

Council:

 

Council Member Dave Preusch reminded the meeting about the Verizon pedestal washout on Sundown Road at Mobley Farm Drive.

 

Council Member Tom Wilkinson inquired about the roof paint repair.  Mayor Oland reported that Jack’s Roofing will repaint the back roof of the Town Hall and half of the front roof.

 

Citizens:

 

Eric Wenger suggested a “No Parking” area be designated in front of the Town Hall’s walkway.

 

Larry Barker reported that Pepco will no longer install a bypass plug for generators.

 

Brendan Deyo reported that he had submitted a letter to the Town Council regarding the placement of the “Children at Play” sign on Mobley Farm Drive; trash on Sundown Road, broken street light and storm water drainage from Second Street.

 

Council Member Frank Bennett made the motion to adjourn the meeting at 8:40 p.m.  Council Member Tom Wilkinson seconded.  Motion approved.  Meeting adjourned.

 

 

Cathryn D. Buit

Clerk

May 4, 2004