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.

 

 

 

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