Meeting minutes of Town Council Meeting on September 7, 2004

As reviewed, approved, and accepted by the Town Council on October 5, 2004

 

 

Mayor Oland called the Public Hearing to consider a Zoning Text Amendment to the Agricultural Zone, Section 105 of the Town of Laytonsville Zoning Ordinance to order at 7:30 p.m.  The Zoning Text Amendment was requested by Jody Kline, Esq., on behalf of Elm Street Development to amend the minimum lot area and minimum lot width requirements of Section 105.03 of the Agricultural Zone to allow a lot annexed to the Town after July 1, 2004, which is improved by an historic structure to contain less than a minimum of 25 acres to be determined the by Town’s Historic District Commission and a minimum lot width of thirty (30) feet at the right-of-way line and not less than 200 feet at the front building line.  Mayor Oland further reported that the maximum density requirements mentioned in the Public Hearing Notice were deleted and not a subject of this Public Hearing.

 

Mayor Oland requested public testimony.

 

Phyllis Sterling              Mrs. Sterling indicated that some of her testimony

21401 S. Montgomery St.             addressed the semantics of the drafted Ordinance to amend Zoning Ordinance, Section 105.04 entitled “Lot Size Requirements, so as to allow under limited circumstances lot sizes and lot frontages of less than the minimum requirements in the Agricultural Zone.  Mrs. Sterling further questioned whether this Ordinance was being voted on at the regular Town Council meeting to follow the Public Hearing and whether the Town  was giving the Historic District Commission any zoning authority. 

 

                                                Mayor Oland responded that the Mayor and Council

                                                would not be voting on the proposed Ordinance tonight.

 

                                                Jody Kline, representing Elm Street Development,

                                                indicated that this Zoning Text Amendment was

                                                actually a compromise between the Town and

Montgomery County in that the intent of the Resolution

was to place the historic Rolling Ridge parcel into the

Town’s Agricultural Zone and not to seek the Town’s R-3

(two acre with cluster) zoning.  This Text Amendment

specifically addresses the historic Rolling Ridge property.

Mr. Kline will consult with the Town’s Attorney, Stanley

Abrams regarding the requested changes in the

Proposed Ordinance.  Mayor Oland indicated that since the changes were not substantive, another public hearing would not be

required.

 

Dottie Tessier                           Mrs. Tessier questioned why the Town should change

7021 Brink Road            ordinances to appease developers.  Mrs. Tessier would

                                                be opposed to any kind of exception to the Town’s

                                                existing zoning.

 

 

Dave Preusch                           Mr. Preusch questioned whether the parcel would

21717 Mobley Farm Dr.            eventually be re-zoned to five acres.  Mr. Kline

                                                responded that no changes would be made to the

                                                Zoning on this parcel after the Text Amendment

                                                change was made. (Five acres amended to two acres

                                                at the regular Town Council meeting on October 5, 2004.)

 

With no further public testimony, Mayor Oland closed the Public Hearing at 7:48 p.m.  The record will remain open

                                               

 

 

 

The regular meeting of the Mayor and Town Council   was called to order by Mayor Oland at 7:50 p.m.   The Mayor, Council Members Frank Bennett, David Preusch and David Halperin were present. Council Member Charles Bradsher was absent.  The Clerk and the Treasurer were present.  There were 15 citizens present.

 

 

The minutes of the regular Town Council meeting of August 3, 2004 and the minutes of the Public Hearing to correct the Town’s Forest and Reforestation Conservation Ordinance were approved as submitted.

 

It was noted that the minutes of the Public Hearing of 7-6-04 And the regular Town Council Meeting minutes of 7-6-04 were not recorded in the minutes of August 3, 2004 as being approved at the regular Town Council meeting on 7-6-04.  They were approved as submitted.

 

Treasurer’s Report:  The Clerk submitted the Treasurer’s report:  Reviewing the Profit and Loss Report for the month of August, 2004, major sources of income for August, 2004 were zoning fees in the amount of $3,303.48.   Major expenses for August, 2004 were $1,000.52 for Grounds Maintenance; $2.072.00 for Legal Fees; and $2,375.40 for Waste Collection.  Looking at the Balance Sheet for the month of August, 2004, the fund balance for the general fund is $119,120.53; for the CIP account, the balance is $83,837.54; and the balance for the fixed assets fund is $380,361.16.  The total assets for the Town of Laytonsville for the month of August are $583,319.05.  Council Member Frank Bennett made the motion to accept the Treasurer’s Report as submitted, subject to audit.  Council Member Dave Halperin seconded the motion.  Unanimously approved.

 

Discussion Items:

 

 

Zoning Text Amendment:  The changes requested in the preceding Public Hearing will be submitted to Stanley Abrams for review and re-submitted for consideration.  Council Member Dave Preusch noted that this process in reviewing the proposed Text Amendment was to obtain dedicated land for the proposed bypass. 

 

Laytonsville District Volunteer Fire Department:  The LVFD will host the 2004 County Convention for the Montgomery County Volunteer Fire & Rescue Association.  A parade will be held on Saturday, September 25.  Parade invitations will be sent out to residents and community organizations.

 

SHA Meeting:  On August 31, 2004 the Mayor and representatives of the Town met with Mr. Charlie Watkins from the State Highway Administration regarding traffic calming.  The meeting was productive and Mr. Watkins was amenable to the Town’s suggestions regarding widening lane lines along the side of Route 108 to encourage slower traffic; re-configuring two lanes into one at Warfield Road; and the installation of round-abouts.

 

Town Charter:  The Institute of Governmental Services has reviewed the Town’s Charter.  Three sample charters were distributed to Council members for their review.  A Work Session will be held on September 21, 2004 at 7:30 p.m. in the Town Hall.

 

Specialty Driveway Services:  Specialty Driveway Services has submitted a proposal to repair cracks in the Town’s roads in the total amount of $13,745.00.  Included in this proposal is the repair of the S. Montgomery Street radius.

 

Open Mike Meeting: County Council Member Mike Knapp will be in the Laytonsville Town Hall on October 27, 2004 at 7:00 p.m. to conduct an Open Mike Meeting.

 

Proposed Resolution to Adopt Historic District Commission Guidelines:  It was agreed by Consensus that a vote will be taken at the next regular Town Council Meeting.  This proposal would allow the Town to adopt general design guidelines and guidelines for rehabilitation and maintenance of structures to be used by the Historic District Commission of the Town for the rehabilitation, repair, maintenance and new construction of historic sites, buildings, resources and property within historic districts.

 

Work Session:  The Work Session scheduled for September 21, 2004 will address the review of the Town Charter, the proposed Historic District Commission Resolution (to adopt guidelines) and web site linkages.

 

Code Enforcement Officer:  Montgomery County Police Officer Mike Ryan is a new resident of the Town and has agreed to the position of Code Enforcement Officer.

 

Council Member Charles Bradsher:  Council Member Bradsher has been activated by his military unit for the next six months.

 

 

Action Items:

 

Specialty Driveway Services:  Council Member Frank Bennett made the motion to accept the proposal submitted by Specialty Driveway Services for the joint filling and repair of the Town’s streets, not to include the S. Montgomery Street radius.  Council Member Dave Preusch seconded.   Unanimously approved.

 

 

Council:

 

Council Member Dave Halperin discussed the response regarding the installation of traffic delineators on certain areas of Mobley Farm Drive.  Out of twenty-one homes, only two responses were received.  Landscaping alternatives may be a solution according to Council Member Halperin.  No action taken at this time.

 

 

Citizens:

 

Phyllis Sterling inquired about the services performed by Specialty Driveway Services.  The company will repair all cracks and cut and patch areas where the roads have deteriorated in the Town with the exception of Sunset Drive.

 

Dottie Tessier inquired about mowing the lane behind the Laytonsville District Volunteer Fire Department.  Mayor Oland responded that the lane was not dedicated on the tax map and the Town, therefore, had no authorization to mow.  However, Mayor Oland pointed out that each developer has been requested to include walkways as a part of their master plans for any development.

 

 

Council Member Frank Bennett made the motion to adjourn the meeting.  Council Member Dave Preusch seconded.  Meeting adjourned at 8:30 p.m.

 

 

Cathryn D. Buit

Clerk

September 7, 2004