Meeting minutes of Town Council
Meeting on July 6, 2004
As reviewed, approved, and
accepted by the Town Council on August 3, 2004
The regular meeting of the
Laytonsville Town Council was called to order by Mayor Oland at 7:30 p.m. Mayor Oland administered the Oaths of Office
to re-elected Council Member Charles Bradsher and to newly-elected Council
Member David Halperin. The Mayor,
Council Members Frank Bennett, Charles Bradsher, and David Halperin were present. Council Member David Preusch was absent. The Clerk and Treasurer were present, the
Town Attorney, Stanley D. Abrams was present; the Town Planner, Stanley O.
Benning was present. There were 15
citizens present. State Delegate Herman
L. Taylor was present. Montgomery
County Council Member Mike Knapp was present.
The regular meeting was adjourned at 7:32 p.m.
Mayor Oland called the Public
Hearing to consider the Petition for Annexation and Zoning filed by Jones Farm,
LC to order at 7:33 p.m. The subject of
this hearing is a Petition for Annexation received from Jones Farm LC. The date of this Petition is May 26,
2004. Supporting the Petition
are: a description including metes and
bounds; and a sketch of the property.
Also subject of this hearing is an Ordinance Establishing Zoning into
the Town’s R-3 Residential Zone (2 acres). The property is currently zoned
Rural Density Transfer in Montgomery County. The property adjoins the Town’s
western border to the north of Brink Road and consists of 27.36 acres. The property is known as Rolling Ridge, also
known as the “Jones Property”. The
notice of this hearing was published for four consecutive weeks in the
Gaithersburg Gazette in compliance with Paragraph (d) of Section 19 of Article
23A of the Maryland Code.
Mayor Oland introduced Jody
S. Kline, Esq., attorney for Elm Street Development (owner/developer of the
Rolling Ridge Property) and also introduced John Clarke, Vice President of Elm
Street Development. Mr. Clarke reported
that the Annexation Petition is the culmination of many conversations and
meetings over the past few years. Mr.
Clarke reported that Elm Street Developments has worked with the elected
leaders of the Town of Laytonsville as well as community groups like the
Citizens Advisory Board and the Historic District Commission.
Mr. Jody Kline further
reported that there were several benefits of this Annexation Petition: gives control of development on the Town’s
borders and allows the Town’s development to remain consistent with its vision;
gives the Town control over the historic Rolling Ridge site; and provides a
dedicated Right-of-Way for the proposed Route 108 By Pass. Mr. Kline stated that this annexation
process allows refinement of the Annexation Agreement and that a Public Hearing
would allow for any comments to be reviewed and included as appropriate.
Citizen Comment:
Sheree Wenger
6715 Maple Knoll Drive
Laytonsville, MD Ms. Wenger was testifying as Chair of the
Laytonsville Historic District
Commission.
Testimony is attached and made a
part of
the minutes.
On a personal note, Mrs. Wenger
questioned
Page 5, Section “4” Historic
Preservation, Section B
of the latest draft of the
Annexation Agreement:
regarding scenic easement or
easements. Language to include maintaining vistas “to and from” and adjoining the existing residence
on the Subject Property
as an appropriate means of ensuring
preservation
and visibility of the historic resource may
be included in Annexation Agreement.
Mrs. Wenger also questioned the
availability
of Public Utilities. Mayor Oland reported that
this
area would be reviewed at the submission of the Sub-Division level.
Rev. M. Pollock
21517 Laytonsville Road
Laytonsville, MD Rev.
Pollock wished to offer a few remarks in support of the proposed
annexation. This annexation would be a
benefit to the Town of Laytonsville in the fact that it would include the
ability to receive a dedicated Right-of-Way for the proposed Route 108
By-Pass. Rev. Pollock mentioned that
the character and quality of life in the Town is affected by the current volume
of traffic on Route 108. The Mayor and
Council should recognize that the Town of Laytonsville has a stewardship of a
current small, unified and coherent Town.
Phyllis Sterling
21401 S. Montgomery Street
Laytonsville, MD
Mrs. Sterling, a member
of the Historic District Commission, was testifying as a resident. Mrs. Sterling’s comments are attached and
made a part of the minutes.
Eric Wenger
6715 Maple Knoll Road
Laytonsville, MD Mr.
Wenger wished to testify in favor of the annexation of the Rolling Ridge
property so that the dedication of the Right-of-Way for the proposed Route 108
By-Pass was included as well as whatever amenities would further benefit the
Town of Laytonsville.
Christine Wilkinson
7000 Brink Road
Laytonsville, MD Mrs.Wilkinson
inquired as to the number of proposed homes to be built on the proposed
annexation property and would the prospective home buyer be advised of the
proposed Route 108 By-Pass.
Mr.
Clarke responded that house configuration and number of houses is a
determination made by septic field locations.
Prospective home owners would be advised of the proposed Route 108
By-Pass.
Mayor
Oland further stated that these questions would be addressed during the
Subdivision approval process.
Mr.
Kline displayed the three proposed alignments of the Route 108 By-Pass.
Mr.
Benning reminded the meeting that all of the questions posed are not finalized
until the submission of the subdivision plan.
With no further public
testimony, Mayor Oland closed the Public Hearing on the Petition for Annexation
and Zoning filed by Jones Farm, LC at 8:00 p.m. The record will remain open until the Montgomery County Council
and Maryland National Capital Park & Planning have responded to the
information sent to them regarding the Annexation Petition.
|
|
The regular meeting of the
Laytonsville Town Council was called to order at 8:05 p.m. Mayor Oland introduced Delegate Herman L.
Taylor, II. Delegate Taylor reviewed
several items currently under discussion in Annapolis: the high cost of medical mal-practice
insurance and the authorization of slot machines in the State of Maryland. Delegate Taylor wanted the Town to meet
their representative and also to indicate that the representatives (Senator
Kramer, Delegate Anne Kaiser, Delegate Karen Montgomery and Delegate Taylor)
are willing to help preserve what the Town of Laytonsville has in the quality
of life and the level of resident involvement.
Mayor Oland reminded Delegate
Taylor that the Town will request assistance if the Annexation Petition is
approved. Mayor Oland also requested
assistance to get the By-Pass into the inventory for the State Highway
Administration.
The minutes of the regular
Town Council Meeting on June 1, 2004 were approved as submitted. The minutes of the Work Session on June 1,
2004 were approved as submitted.
Treasurer’s Report:
Treasurer’s Report: The
total income for the month was $26,932.44.
Major income was $19,337.85 for income tax and $7,149.00 for zoning
fees. Major expenses for the month of
June were $2,452.00 for ground maintenance and $1,596.00 for Legal Expenses. The
total expenses for the month were $14,495.02.
The balance in the General Fund for the month of June is $118,234.37;
the balance in the CIP fund is $80,350.22; the balance in the Fixed Asset
account is $392,208.63; with a total asset balance of $590,793.22. Council
Member Frank Bennett made the motion to accept the Financial Statement as
submitted subject to audit. Council
Member Charles Bradsher seconded. Unanimously approved.
Discussion Items:
Proposed Filing Fees: It was
recommended that the filing fees for fences, special exceptions, and variances
be brought more into line with other filing fees and the proposed fee for a
building permit for fences would be $50.00; the proposed fee for an application
for either a special exception or a variance would be $50.00 each.
Montgomery County
Department of Transportation – Sundown Road: Mayor Oland reported that he
had spoken with Al Rustie of the Montgomery County Department of Transportation
regarding Sundown Road and that Mr. Rustie indicated that a base had been put
down. The road will be re-surfaced within
the next several months.
Welcome Sign: Sterico
Signs has now agreed to repair the damaged Welcome Sign on the north entrance
to the Town and re-install the north and south entrance signs at 4’ above
ground level on 6’ x 6’ posts for a total of $1,995.00
Town Hall Flower Bed: The flower bed on the north side of the Town Hall has
been created by Landscape Enterprises with the old bricks from the original
Town Hall walkway. The Laytonsville
Garden Club will plant flowers.
State Highway
Administration: A letter has been received from Charlie K.
Watkins, District Engineer, dated June 29, 2004 reporting that the traffic
engineering staff will evaluate the traffic and safety concerns that the Town
has along Route 108. Montgomery County
Council Member Mike Knapp mentioned that his office would invite a
representative of the SHA to address the Mayor, Council and citizens of the
Town. Mr. Knapp also mentioned that a
new commander for the Fifth Police District had been installed and she was
charged with the job to come up with a more regular plan for speed and traffic
enforcement in rural communities. It
would also be appropriate for Mr. Knapp’s office to invite Captain Evelyn D.
Cahalen to visit the Town.
Verizon Pedestal: Mayor Oland
has been working with Verizon over the past nine months regarding the erosion
of the base of the Verizon pedestal on Sundown Road. The base will now be filled in with landscaping stone.
Cancellation of Work
Session, July 20, 2004: Mayor Oland announced that there would not
be a Work Session on July 20, 2004.
Action Items:
Re-Appointments: Council
Member Bennett made the motion to re-appoint Stanley D. Abrams as the Town’s
Legal Counsel; to re-appoint Macris, Hendricks & Glascock as the Town’s
Engineer; to re-appoint Stanley O. Benning as the Town’s Planner; and to re-appoint
Lindsey & Associates LLC as the Town’s Auditor. Council Member Charles Bradsher seconded. Unanimously approved.
Council Member Frank Bennett
made the motion to re-appoint Cathryn Buit as the Town’s Clerk. Council Member Dave Halperin seconded. Unanimously
approved.
Council Member Frank Bennett
made the motion to re-appoint Christine Wilkinson as the Town’s Treasurer. Council Member Charles Bradsher
seconded. Unanimously approved.
Council Member Frank Bennett
made the motion to appoint James A. Ruspi as full member of the Town’s Board of
Appeals for a term of three years.
Council Member Charles Bradsher seconded. Unanimously approved.
Council Member Frank Bennett
made the motion to re-appoint Phyllis Sterling to the Town’s Historic District
Commission for a term of three years.
Council Member Dave Halperin seconded.
Unanimously approved.
Council Member Frank Bennett
made the motion to re-appoint the Town’s Tree Committee’s members: Paul Foster,
Eric Wenger and Richard Potcner. Council
Member Charles Bradsher seconded. Unanimously approved.
2004-2005 Filing Fee
Schedule: Council Member Frank Bennett made the motion to approve the
revised 2004-2005 Filing Fee Schedule to reflect the filing fee for fence
building permit as $50.00 and the application fee for special exceptions and
variances as $50.00 each. Council
Member Dave Halperin seconded. Unanimously approved.
Local Government Insurance
Trust (LGIT) Trust Agreement: Council Member Frank Bennett made the motion
to approve Resolution #R-2-05, Local Government Insurance Trust (LGIT) Trust
Agreement for the purposes of approving and consenting to the eighth amended
and restated trust agreement. Council
Member Charles Bradsher seconded.
Unanimously approved.
Council:
Citizens:
Mayor Oland administered the
Oath of Office to James A. Ruspi as a member of the Board of Appeals. Mayor Oland administered the Oath of Office
to Phyllis Sterling as a member of the Historic District Commission.
Resident James Ruspi
questioned whether residents of the Town could participate in the aggregation
for the purpose of purchasing electricity.
Mayor Oland reported that the Town of Laytonsville will be notified when
this function is available; currently, only counties and large municipalities
are being notified.
Resident Eric Wenger inquired
about the video tape and CD as prepared by Dan Burden, Walkable
Communities. The Clerk responded that
copies were being made and one would be available to the Citizens Advisory
Board.
Resident Phyllis Sterling
reported that she has agreed to serve on the Citizens Advisory Board for the
Fifth Police District previously mentioned. The mission of this Citizens
Advisory Board is to facilitate the flow of information and to promote
cooperation of efforts.
Resident Merritt Techter
requested that the posting on the Town’s web site of the proposed Agenda for
regular Town Council meetings become a regular practice.
Mayor Oland presented
retiring Council Member Tom Wilkinson with a proclamation from Governor Robert L.Ehrlich,
Jr. in recognition of his service to the Town of Laytonsville.
Council Member Frank Bennett
made the motion to adjourn the meeting.
Council Member Charles Bradsher seconded. Meeting adjourned at 8:54 p.m.
Cathryn D. Buit
Clerk
July 6, 2004