Meeting minutes of Town Council Meeting on April 5, 2005

As reviewed, approved, and accepted by the Town Council on May 3, 2005

 

 

 

April 5, 2005

 

The Public Hearing to consider the proposed 2005-2006 Budget for the Town of Laytonsville was called to order by Mayor Charles W. Oland at 7:30 p.m.  The Treasurer, Christine Wilkinson, reviewed the highlights:  Expenses:  The Town has budgeted $5,000.00 for special projects for the two picnics scheduled; Repair and Maintenance in the amount of $10,000.00 for the demolition of the two sheds (at $2,000.00 each) on the Town Hall property and other potential repairs; and $2,000.00 for security for the Town Hall.

 

The Capital Improvements Budget reflects a proposed $10,000.00 in Engineering Projects; $14,000.00 in Roads and Sidewalk Maintenance; and $30,000.00 in Water Management (S. Montgomery Street drainage project).

 

Mayor Oland requested any questions from the Council and audience.  Mayor Oland closed the Public Hearing at 7:35 p.m.

 

The regular meeting of the Mayor and Town Council   was called to order by Mayor Oland at 7:30 p.m.   The Mayor, Council Members Frank Bennett, David Preusch, David Halperin and Charles Bradsher were present. The Town Planner, Mr. Stanley Benning, was present.   The Clerk and Treasurer were present. There were 5 citizens present.

 

The minutes of the regular Town Council Meeting on March 1, 2005 were approved as submitted.  The minutes of the Work Session on March 1, 2005 were approved as submitted.

 

Treasurer’s Report:  Reviewing the Profit and Loss Report for the month of March, 2005, major sources of income were income tax in the amount of $12,604.91; and personal property tax in the amount of $2,460.22.   Major expenses for March, 2005 were $2,668.95 for Repairs and Maintenance (removal and repair of the Town Hall electric wiring); $3,039.89 for Payroll; $1,847.50 for snow removal, and $2,454.56 for waste collection.  Looking at the Balance Sheet for the month of March, 2005, the fund balance

 

 

 

 

for the general fund is $151,259.00; for the CIP account, the balance is $75,658.00; and the balance for the fixed assets fund is $380,361.00.  The total assets for the Town of Laytonsville for the month of March, 2005 are $607,278.00.  Council Member Frank Bennett made the motion to accept the Treasurer’s Report as submitted, subject to audit.  Council Member David Halperin seconded the motion.  Unanimously approved.

 

Discussion/Action Items:

 

Close Public Hearing on the Proposed 2005-2006 Budget:  Council Member David Preusch made the motion to close the Public Hearing on the Proposed 2005-2006 Budget for the Town of Laytonsville.  Council Member Charles Bradsher seconded the motion.  Unanimously approved.

 

Council Member Frank Bennett made the motion to adopt the 2005-2006 Budget as submitted for the Town of Laytonsville.  Council Member David Halperin seconded.  Unanimously approved.

 

Establish Real Property Tax Rate/Establish the Personal Property Tax Rate:  Mayor Oland noted that the proposed tax rates remain the same for the 2005-2006 fiscal year at $.16 per $100.00 of assessed value for the Real Property Tax Rate and $.35 per $100.00 of assessed value for the Personal Property Tax Rate.  Council Member David Preusch made the motion to establish the Real Property Tax Rate for the Town of Laytonsville at $.16 per $100.00 of assessed value.  Council Member Frank Bennett seconded.  Unanimously approved.  Council Member Dave Preusch made the motion to establish the Personal Property Tax Rate for the Town of Laytonsville at $.35 per $100.00 of assessed value.  Council Member Frank Bennett seconded.  Unanimously approved.

 

Charter:  Mayor Oland reported that the Mayor and Council have been working on the proposed new Charter for the Town for several months with the assistance of the Institute of Governmental Services.  A Public Hearing was held on February 1, 2005 and written comments will remain part of the public record. 

 

Town Picnic:  James O’Hair and Council Member Dave Preusch have been working on a Town Picnic.  The tentative date is September 17, 2005 on the Town Hall grounds.

 

Draft Comprehensive Land Plan:  Mayor Oland reported that the drafted Comprehensive Land Plan will be further discussed in the Work Session to immediately follow the adjournment of tonight’s regular Town Council Meeting.

 

Town Hall Electrical Wiring: Mayor Oland reported that Whitetail Electric had completed the replacement of the faulty electrical wiring at the Town Hall.

 

Mailbox:   Mayor Oland reported that a mailbox had been affixed to the back porch railing of the Town Hall to receive documents when the Town Hall office is closed.

 

State Highway Administration:  A letter has been received from the State Highway Administration dated March 8, 2005 from Charlie K. Watkins, District Engineer regarding the signal at Muncaster Road and the signal at Fieldcrest.  The full signalization of the light at Fieldcrest has been recommended.

 

Housing and Urban Development – Montgomery County:  The Town has received a letter from Montgomery County Department of Housing and Community Affairs requesting the Town’s participation in the Community Development Block Grant and the HOME Investment Partnerships Program.  Mayor Oland reported that traditionally, the Town had elected not to participate in this program.

 

Fulks South:   Montgomery County’s Department of Permitting Services has sent a Memorandum to the Town dated March 24, 2005 stating that the Preliminary Plan for the Fulks South development has been approved with the following reservations:

 

  1. The record plat must be at the same scale as the preliminary plan or submit an enlargement of the plat to match the preliminary plan.

 

  1. A public water system must be in place to serve all lots.

 

  1. All remaining monitoring wells are to be sealed with the permission of the Maryland Department of the Environment.

 

  1. The typical separations from the stormwater management systems to the septic areas must be maintained.

 

  1. All septic fields to be at least 100 feet from any existing water wells.

 

 

Senatorial Scholarship:  The Town has been notified that students who reside in the 14th Legislative District are encouraged to apply for a Senatorial Scholarship from the office of State Senator Rona E. Kramer.  The scholarship is need-based, and all students are required to first file the free application for Federal Aid (FAFSA) form.  Applications are available from Senator Kramer’s office by calling (301) 858-3625 or by emailing awelsh@senate.state.md.us.

 

S. Montgomery Street Drainage Project:  Mane-Line Utilities has declined to issue a performance bond in their letter dated March 15, 2005 from Mr. Daniel Lyon.  Mayor Oland noted that for a job of this size, the company would not typically invoice until all the pipe and structures are in and a temporary patch placed on the street. Mayor Oland feels confident that the Town would not require a performance bond in this situation.

 

Preliminary Plan – Stabler Property:  The Town has received a preliminary plan for the Stabler Property on Route 108 reflecting four proposed houses.

 

Bulk Trash Pick Up:  A special Bulk Trash Pick Up will be held on Monday, May 16, 2005.  Please place your bulk items by the curb the night before the pick up. Items should be no more than 150 pounds.  Yard waste can be bundled in lengths no longer than 2 feet and widths no wider than 1 foot.  Please do not include hazardous materials, batteries, tires or paint.

 

 

Action Items:

 

Judges of Election:  The elections will be held on Monday, May 2, 2005.  The following individuals have agreed to serve as Judges:  Barbara White, Phyllis Sterling, Jake Cecere and Jill Ruspi.  Council Member Frank Bennett made the motion to appoint Barbara White, Phyllis Sterling, Jake Cecere and Jill Ruspi Judges of Election for the May 2, 2005 elections for the Town of Laytonsville.  Council Member Dave Halperin seconded.  Unanimously approved.

 

Zoning Sign:  The cost of an additional zoning sign has increased.  The current sign deposit is $250.00 and Mayor Oland is recommending the deposit be increased to $300.00.  Council Member Dave Halperin made the motion to increase the sign deposit to $300.00.  Council Member Frank Bennett seconded.  Unanimously approved.

 

Charter Amendment Resolution:  Vic Tervala from the Institute of Governmental Services has prepared the draft Charter and Town Counsel, Stanley D. Abrams has reviewed this draft.  The Mayor and Council have reviewed these recommendations in several Work Sessions and a final document has been prepared.  Council Member Frank Bennett made the motion to adopt Resolution No. R-6-05, a Resolution of the Mayor and Town Council of the Town of Laytonsville, Maryland to comprehensively amend the Charter of the Town as provided in new Articles I through Articles XIII attached as part of this Resolution and to repeal all provisions of the existing Charter inconsistent therewith.  Council Member Charles Bradsher seconded.  Unanimously approved.

 

Housing and Urban Development – Montgomery County:  Council Member Frank Bennett made the motion that the Town of Laytonsville not enter into an agreement with Montgomery County to participate in the Community Development Block Grant and the HOME Investment Partnerships Program through the Department of Housing and Community Affairs.  Council Member Dave Preusch seconded.  Unanimously approved.

 

 

OMF, Inc.:  Mr. Will Gonzalez and Mr. Oscar Flores requested that the Mayor and Council consider the property they recently purchased (Parcel 200) for commercial zoning.  Mayor Oland reviewed the Land Use and the Zoning maps as approved by the Mayor and Council and noted that the parcel was not currently zoned commercial.  Mr. Flores suggested that OMF, Inc. may wait for public water to service this parcel and then submit a request for a change of zoning to the Town.  Mayor Oland indicated that OMF, Inc. can official apply for an amendment to the zoning code.  A discussion was held that with the 2+ acre parcel in question, approximately two houses could be considered for this parcel dependent on Montgomery County’s septic requirements.  The parcel currently holds two four-unit apartment buildings.  Since the parcel is zoned residential, Mayor Oland offered the possibility that OMF, Inc. consider applying to the Board of Appeals for a Special Exception.

 

 

Council:

 

Council Member Charles Bradsher reported that Montgomery County no longer offers the Bookmobile program.  The closest library was slated to be at Airpark and Muncaster Roads and that facility has been eliminated from the plan.

 

Council Member Dave Preusch questioned whether a separate parcel had been dedicated to the Town of Laytonsville by the Fulks South owners.  Council Member Frank Bennett responded that this dedication should be on the submitted plan. 

 

 

Citizens:

 

Mrs. Sheree Wenger pointed out the signs at Morningside Church and that they are not in conformance with the Town’s Sign Ordinance.  Mayor Oland will review the signs.

 

Council Member Dave Halperin questioned the progress on the Berman House (7115 Brink Road).  Mrs. Wenger reported that Montgomery County has now approved their permits.

 

Council Member Frank Bennett made the motion to adjourn the meeting.  Council Member Dave Halperin seconded.  Meeting adjourned at 9:05 p.m.

 

 

 

Cathryn D. Buit

Clerk

April 5, 2005