Meeting minutes of Town Council Meeting on October 5, 2004

As reviewed, approved, and accepted by the Town Council on November 2, 2004

 

                                                               

The regular meeting of the Mayor and Town Council   was called to order by Mayor Oland at 7:34 p.m.   The Mayor, Council Members Frank Bennett, David Preusch and David Halperin were present. Council Member Charles Bradsher was absent.  The Clerk was present.  There were 5 citizens present.

 

The minutes of the regular Town Council meeting of September 7, 2004, the minutes of the Public Hearing on a Zoning Text Amendment to the Agricultural Zone, Section 105 of the Town’s Zoning Ordinance of September 7, 2004 and the minutes of the Work Session of September 21, 2004 were reviewed. Council Member Dave Preusch requested that the Public Hearing minutes of September 7, 2004 reflect that his testimony was regarding re-zoning of parcels to two acres rather than five acres as recorded.  The minutes were approved as submitted with the mentioned correction.

 

 

Treasurer’s Report:  The Clerk submitted the Treasurer’s report:  Reviewing the Profit and Loss Report for the month of September, 2004, major sources of income for September, 2004 were income tax in the amount of $1,649.29 and real property tax in the amount of $2,093.62.   Major expenses for September, 2004 were $3,677 for insurance; $2,221.39 for Payroll and $2,375.40 for waste collection.  Please note that advertising expenses and a portion of the legal fees will be billed to Jones Farm, LC (Elm Street Development).   Looking at the Balance Sheet for the month of September, 2004, the fund balance for the general fund is $112,404.06; for the CIP account, the balance is $85,083.11; and the balance for the fixed assets fund is $380,361.16.  The total assets for the Town of Laytonsville for the month of September are $577,848.33.  Council Member Dave Preusch made the motion to accept the Treasurer’s Report as submitted, subject to audit.  Council Member Frank Bennett seconded the motion.  Unanimously approved.

 

Mayor Oland reported that the Town Hall building is currently insured for $400,000.00 and the coverage should be increased to $500,000.00 through Local Government Insurance Trust.  Quotes are being obtained.

 

Discussion/Action Items:

 

Amended Annexation Agreement – Jones Farm, L.C.:  Mayor Oland reported that after much discussion with the Montgomery County Department of Planning, it was determined that it would be in the best interests of all to re-zone the subject property into the Town’s Agricultural Zone.  The hearing to consider the Amended Annexation Agreement will be on November 2, 2004 at 7:30 p.m. at the Town Hall.  Mayor Oland and the applicants met with Maryland National Capital Park & Planning on September 23, 2004 and it was concluded that if the subject property were zoned Agricultural, it would be compatible with the County zoning and would be generally consistent with the recommendations of the 1980 Functional Master Plan for the Preservation of Agriculture and Rural Open Space and would meet the requirements of Section 23-A of the Annotated  Code of Maryland.  Recommendations made by Maryland National Capital Park and Planning Commission were reviewed:

 

  1. No new single-family homes should be constructed in the 25 acre area that the Montgomery county Council designated as the Rolling Ridge environmental setting – it was agreed that this recommendation should be included in the Amended Annexation Agreement.

 

  1. A historic preservation easement on the exterior of Rolling Ridge should be donated to the Maryland Historical Trust immediately by the current owners – it was agreed that this was an unnecessary condition.

 

  1. The current owners should make sure that Rolling Ridge is secure, with all windows and doors boarded up, and weather tight, with no leaks in the roof – this recommendation is already in place and should also be included in the Amended Annexation Agreement.

 

  1. The Town and the applicant, Elm Street Development, should work in conjunction during the time of subdivision to incorporate a buffer of mixed deciduous and evergreen trees that would shield the Rolling Ridge historic site from the proposed bypass -  this recommendation should be included in the Amended Annexation Agreement.  Mike Bingley (Elm Street Development) pointed out that there was an existing septic easement along part of this buffer.  It was agreed to remove the word “trees” and substitute the word “shrubbery”.  Jody Kling, Counsel for Elm Street Development, will meet with the Historic District Commission to further refine this language.

 

  1. The developer pays park taxes voluntarily or makes a payment in lieu of taxes to support countywide park operations – this recommendation is not adhered to.

 

  1. The Town is encouraged to include a bypass alignment in their master plan, which would involve the least historic and environmental impacts – this recommendation is not necessary.

 

 

Work Session on September 21, 2004:   Mayor Oland reviewed the topics of this Work Session:  the Charter; the proposed resolution to adopt General Guidelines used by the Historic District Commission;  Review of the proposal for Town Hall alarm system; and web site linkages.

 

Snow Plowing Contract:   A proposed contract to include the removal of snow from the main sidewalks in the Town was received from J.B. Kline for the 2004-2005 season.

 

Special Bulk Trash Pick Up:   There will be a Special Bulk Trash Pick Up on October 18, 2004.  Flyers have been distributed.

 

Open Forum with Montgomery County Council Member Mike Knapp:   Open Forum will be held on October 27, 2004 at the Town Hall, 7:00 p.m.

 

Verizon Pedestal:  Mayor Oland reported that Verizon had diverted water around the pedestal along Mobley Farm Drive by installing drainage swale on September 20, 2004.

 

Meeting with County Council Member Mike Knapp:   Mayor Oland reported that he and representatives from Natelli Communities met with Council Member Mike Knapp on September  30, 2004 regarding the standstill in the discussions with WSSC about public water.  It was reported that two engineering companies have been engaged by WSSC.

 

Work Session – October 19, 2004:  The Work Session has been cancelled.

 

Report from Committee Chairs:

 

Eric Wenger reported that the Citizens Advisory Board should have their review of the Comprehensive Plan completed by November.

 

Sheree Wenger reported that the Historic District Commission had conduced two hearings in September.  The HDC continues to work on guidelines as recommended by the Maryland Historic Trust.  The HDC has two consultations scheduled for October:  Elm Street Development (Jones Farm, LC) and Sidra Berman.

 

State Highway Administration:  A letter has been received from the State Highway Administration agreeing to install rumble strips on the two-lane portion of Route 108 where it narrows into one lane going North through the Town.  The Town’s request to consider the installation of round-abouts at Warfield and Route 124 have been referred to their engineers.  Residents expressed their concern about the continuing dangerous section of Route 108 in front of the shopping center and a letter will be addressed to the State Highway Administration requesting their consideration of cross-walks at Route 108 and Maple Knoll Drive; at Route 108 at the Laytonsville Volunteer Fire Department; and at Route 108 at the Laytonsville Elementary School.

 

Temporary Vacancy:  The Town’s Counsel, Stanley D. Abrams, responded in a letter that the Town has no power to appoint a temporary council member without having to amend the Charter.

 

Specialty Driveway Services:  The filling and repair of the Town’s streets will be completed the week of October 18, 2004.  Flyers will be distributed.

 

Montgomery County Board of Elections: the Board of Elections needs volunteers during the election and students can receive up to 8 community service hours.  Please see the Town Clerk for the application form.

 

 

Action Items:

 

Resolution to Adopt the Historic District Guidelines:  Council Member Frank Bennett made the motion to accept the Adopt the Historic District Commission’s General Design Guidelines and Guidelines for the Rehabilitation, Repair, Maintenance and New Construction of Historic Sites with the removal of “existing structures are grandfathered” under the General Design Elements heading.  Council Member Dave Halperin seconded.  Motion unanimously approved.

 

J.B. Kline Snow Plowing Proposal:  Council Member Frank Bennett made the motion to accept the proposed J.B. Kline Snow Plowing Contract for the 2004-2005 season.  Council Member David Preusch seconded.  Motion unanimously approved.

 

Web Site Linkages:  Council Member Frank Bennett made the motion to disallow any web site linkages through the Town’s web site.  Council Member Dave Halperin seconded.  Motion unanimously approved.

 

 

Citizens:

 

Eric and Sheree Wenger submitted letters and photographs relative to the recent accident at Route 108 and Maple Knoll Drive.

 

 

Council Member Frank Bennett moved that the meeting adjourn at 8:30 p.m.  Council Member Dave Halperin seconded.  Meeting adjourned.

 

 

 

Cathryn D. Buit

Clerk

October 5, 2004