Meeting
minutes of Town Council Meeting on August 3, 2004
As
reviewed, approved, and accepted by the Town Council on September 7, 2004
Mayor Oland called the Public
Hearing to correct the Forest Conservation and Reforestation Ordinance
re-adopted on May 4, 2004 to order at 7:35 p.m. The subject of this hearing is the correction of the Forest
Conservation and Reforestation Ordinance in order to conform to current State
law. Revisions include: Page 4, Section II, 2.21 should include
language: The current version is the 3rd Edition by the Maryland
Department of Natural Resources; and Page 10, Section III, 3.2H to
include: “A residential construction
activity that is . . .” With no public
testimony, the Public Hearing was closed at 7:40 p.m.
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The regular meeting of the
Laytonsville Town Council was called to order by Mayor Oland at 7:41 p.m. The Mayor, Council Members Frank Bennett,
Charles Bradsher, David Preusch and David Halperin were present. The Clerk was
present; the Treasurer was absent. The Town Planner, Stanley O. Benning was
present. There were 10 citizens
present.
Rolling Ridge/Jones Farm
L.C. Property Annexation:
Public Hearing Testimony:
Mayor Oland reviewed the
written and oral testimony from the Public Hearing on July 6, 2004 regarding
the Annexation Petition submitted by Jones Farm, L.C.
Resident Phyllis Sterling
commented in a letter dated July 6, 2004 that the Mayor and Council should
consider a condition to the Annexation Agreement regarding the final number of
new homes to be built until the Rolling Ridge historic house has an owner. It was agreed by consensus that building
permits for the last two houses to be constructed will not be issued until the
Rolling Ridge historic house is sold.
Resident Sheree Wenger’s
testimony was reviewed. Mrs. Wenger
reminded the meeting that the Historic District commission would like to request
that the entire lane leading to the Rolling Ridge house be restored by the
developer and the lane should be included in the Historic District. It was agreed by consensus that the
developer should include the entire lane in the restoration and that the lane
should be included in the Historic District.
Montgomery County Park
& Planning Meeting: On July 21, 2004, Mayor Willard Oland, John
Clark, Elm Street Development; Jody Kline, Esq; and Stanley Abrams, Esq. met
with Derick Berlage, Chairman of the MCPP; Judy Daniel, Upcounty Planner; Gwen Wright, Historic Preservation
Commission; and John Carter, Head of Community Base Planning to discuss the
annexation and related rezoning from Montgomery County’s RDT Zone to the Town’s
R-3 (two acre) zone.
Mr. Carter noted that in
similar circumstances, the county has split zoning. This would allow, after annexation, part of a lot that is within
the present boundaries be zoned under current zoning and the portion that is
presently located in Montgomery County be zoned in the Town’s Agricultural
Zone. After annexation, the zoning
would all be within the Town’s boundaries, with two zones which would be
separated by what is now the Town boundary.
The Town could rezone that portion of the lot in the Agricultural Zone
after five years, if desired.
Mr. Benning reported that
split zoning was not unusual.
Mayor Oland reported that a
Public Hearing is scheduled for September 7, 2004 at 7:30 p.m. at the Town Hall
to discuss the amendment to the Zoning Code to create a cluster in the Town’s
agricultural 25 acre zone.
State Highway
Administration Letter: a letter was received from Neil Pedersen,
Administrator of the SHA indicating that the Town should be commended for
initiating efforts to get land dedicated for the proposed by-pass as part of
the annexation agreement with Jones Farm, L.C.
The SHA appreciates the Town’s forward-thinking approach and its
coordination with Montgomery County’s master plan for this area.
Treasurer’s Report: The Clerk
submitted the Treasurer’s report:
Reviewing the Profit and Loss Report for the month of July, 2004, major
sources of income for July, 2004 were municipal tax duplication payments in the
amount of $10,511 and Waste Removal Fees in the amount of $1,192. Major expenses for July, 2004 were $1,451
for accounting and $2,375 for Waste Collection. Looking at the Balance Sheet for the month of July, 2004, the
fund balance for the general fund is $122,583; for the CIP account, the balance
is $82.489; and the balance for the fixed assets fund is $380,361. The total assets for the Town of
Laytonsville for the month of July are $585,423. Council Member David Preusch made the motion to accept the
Treasurer’s Report as submitted, subject to audit. Council Member Frank Bennett seconded the motion. Unanimously approved.
Discussion Items:
State Highway
Administration re traffic calming: A letter dated June 29, 2004 was received
from Charlie K Watkins, District Engineer regarding the Town’s request for
assistance regarding traffic and safety concerns along Route 108. This letter generated a call from County
Council member Mike Knapp’s office to set up a meeting with the State Highway
Administration. The tentative scheduled
date is August 24, 2004.
Pepco Community Relations: Mayor
Oland reported that in their continuing efforts of community outreach, PEPCO
representatives met with the Montgomery County Chapter of the Maryland
Municipal League on July 22, 2004.
PEPCO advised that they are working with Montgomery Fire and Rescue for
feed-back and identification of areas to direct PEPCO resources during an
emergency. Mayor Oland encouraged
residents to call PEPCO during power outages so that specific grids could be
identified and monitored.
Work Session – August 17,
2004 – Mayor Oland cancelled the Work
Session for August 17, 2004.
Local Insurance Government
Trust: Mr. Vance Petrulla, LGIT, met with Mayor Oland and Christine
Wilkinson on July 20, 2004 to conduct and review a Hazard Evaluation Survey and
an on-site survey of the Town’s facilities.
The hazard evaluation survey was reviewed. Steps are or have been taking to comply with recommendations.
Montgomery County
Municipal Tax Duplication Payment –
Montgomery County’s Office of Management and Budget has advised the Town that
an electronic transfer of $10,511 will be transmitted for the Town’s FY05 MTD
reimbursement payment.
Open Forum with Council
Member Mike Knapp: Mayor Oland
reported that Montgomery County Council Member Mike Knapp will meet with
residents on October 27, 2004 at 7:00 p.m. at the Town Hall.
Drainage Project – S.
Montgomery Street: Council Member Frank Bennett reported that
he will contact the engineer to remove the proposed “J” Inlet structure
($3,700) from the cost analysis.
Citizens Advisory Board – Chair Eric Wenger reported that Secretary Gina
Eckenrode resigned her position. Mr.
Wenger requested that the Mayor and Council grant an extension of the CAB's
review of the Comprehensive Plan until October, 2004. It was agreed by consensus to extend the time until October,
2004.
Mobley Farm Drive: Mayor Oland
reported cracks in the pavement on Mobley Farm Drive. It was recommended that tar be applied to keep the cracks from
expanding.
Historic District
Commission: Chair Sheree Wenger welcomed Tim and Michelle
Shortley. Mrs. Wenger stated that as
part of the HDC procedures, a year-end report was prepared and distributed to
the Mayor and Council. An information
packet is being prepared and will be distributed to Historic District
residents. Mayor Oland congratulated
the Historic District Commission on their accomplishments.
Action Items:
Corrected Forest
Conservation and Reforestation Ordinance: Council Member Frank Bennett made the motion
to approve the corrected Forest Conservation and Reforestation Ordinance in
order to conform to current State law.
Revisions include: Page 4,
Section II, 2.21 should include language: The current version is the 3rd
Edition by the Maryland Department of Natural Resources; and Page 10, Section
III, 3.2H to include: A residential construction activity that is . . .” Council Member Charles Bradsher
seconded. Unanimously approved.
Council:
Council Member Dave Halperin
reported that at the September regular Town Council Meeting he would report on
the traffic delineators as requested by Mayor Oland.
Citizens:
Resident Phyllis Sterling
reported that at the last Historic District Commission, the same members were re-elected for another
year.
Mrs. Sterling mentioned that
she is serving on the Citizens Advisory Board for the Fifth Police District and
in this regard, perhaps Capt. Cahalen would be interested in attending the
August 24, 2004 meeting the State Highway Administration regarding traffic
calming.
Resident Merritt Techter
questioned the cul de sac at the historic Rolling Ridge property. Town Planner, Stan Benning reported that a
“hammer head” configuration would work in this situation. Mr. Techter also thanked the Town for
including the Agenda on the web site.
Mr. Benning reported that he
had received a call from the Natelli engineers that they are working on the
project.
Council Member David Preusch
made the motion to adjourn the meeting.
Council Member Frank Bennett seconded.
Meeting adjourned at 9:00 p.m.
Cathryn D. Buit
Clerk
August 3, 2004