Meeting minutes of Town Council Meeting on December 5, 2006               

As reviewed, approved, and accepted by the Town Council on January 2, 2007

The Public Hearing to consider a proposed Ordinance to amend Section 115 of the Town Zoning Ordinance entitled “Extensions, projections and Accessory Uses” was called to order at 7:30 p.m. by Mayor Oland. Mayor Oland reviewed several points.

Eric Wenger Questioned the usage of accessory buildings currently in use

6715 Maple Knoll and how the proposed Ordinance would affect building any

new accessory structures. Mr. Wenger expressed his opposi-

tion to the 15’ height restriction.

Discussion was held regarding agricultural use.

With no further public testimony, Mayor Oland closed the hearing at 7:36 p.m.

The Public Hearing to consider a proposed Ordinance to amend Section 104 of the Town Zoning Ordinance entitled “Definitions” to add a definition of the terms “Church and Religious Institutions” was called to order at 7:37 p.m. by Mayor Oland.

David Preusch Mentioned that churches were currently a permitted use in the

21717 Mobley Farm Zoning Ordinance. Mayor Oland reported that was the case

Except in the Residential Historic zone.

With no further public testimony, Mayor Oland closed the hearing at 7:40 p.m.

The Public Hearing to consider a proposed Ordinance and a proposed Resolution to adopt and award franchise to Verizon Maryland, Inc. to operate a cable communications system within the corporate limits of the Town was called to order at 7:41 p.m. Mayor Oland reported that by adopting the proposed Ordinance, it would allow the Town to adopt the current Chapter 8A of the Montgomery County Code and Montgomery County will act as agent with Verizon Maryland, Inc. to operate a cable communications system

Christine Wilkinson Questioned whether that would mean both Verizon and Comcast 7000 Brink Road would be available to residents of the Town. Mayor Oland

Responded that it would.

With no further public testimony, Mayor Oland closed the hearing at 7:45 p.m.

The regular meeting of the Mayor and Town Council was called to order by Mayor Oland at 7:46 p.m.  The Mayor, Council Members Frank Bennett, David Preusch, Charles Bradsher and Tom Wilkinson were present.  The Clerk and the Treasurer were present. There were 7 citizens present.

The minutes of the regular Town Council Meeting on November 7, 2006 were approved as submitted.

Treasurer’s Report:  Reviewing the Profit and Loss Report for the month of November, 2006, total income for the month of November, 2006 was $27,999.00.  Major expenses for November, 2006 were $ 1,160.00 for grounds maintenance, $1,055.00 for payroll; and; $2,568.00 for waste management. Looking at the Balance Sheet for the month of November, 2006, the fund balance for the general fund is $254,215.00; for the CIP account, the balance is $73,634.00 and the balance for the fixed assets fund is $384,904.00.  The total assets for the Town of Laytonsville for the month of November, 2006 are $712,753.00. $60,000.00 will be transferred MLGIP (Maryland Local Government Investment Pool).

Discussion/Action Items:

Town Hall Pavilion: Jim O’Hair and Sarah Siddiqui presented their proposal to the Mayor and Council to create a Family Tree to help fund the proposed pavilion. Sarah Siddiqui created an artist rendition of the tree with family names permanently engraved on leaves that would be affixed to the tree. Each leaf would be a donation through a foundation to be created to fund the pavilion. Bricks around the base of the tree could also be placed for commercial entities or to families through donations. Jim O’Hair suggested that September 15, 2007 would be an appropriate dedication date to coincide with the Town’s annual picnic.

Mayor Oland reported that the Council will review the proposal.

Stadler Agricultural Easement: Mayor Oland reported that at last month’s regular Council meeting, Mr. Stadler addressed the council and that a draft agricultural easement would be ready for the Council’s review. The draft easement was distributed to the Council and Mayor Oland reported that Counsel, Stan Abrams, will review and the Mayor and Council will vote on the proposed easement at the January regular meeting.

Mayor Oland reported that Eric Wenger, a member of the Town’s Tree committee, has been working with Pete Stadler to examine trees on the Stadler property. Mr. Wenger reported that he has met with Paul Foster, another member of the Town’s Tree committee and they have reviewed the area and reported to Mr. Stadler that he has a good plan for re-foresting and landscaping the area in question. Mr. Stadler reported that the area would be around the existing pond.

Mayor Oland requested a written report from the Tree Committee to submit to the Council for their review. This report will also be submitted to David McKee, Benning and Associates, for consideration when the Reforestation Plan is reviewed.

Pete Stadler reported that his sister will require Town approval for the right-of-way to her proposed house site. Mayor Oland requested that Mr. Stadler submit a plan for the Council’s review.

Town’s Zoning Ordinance: Mayor Oland reported that Counsel, Stan Abrams, has submitted an estimate of $10,000 to review and amend the Town’s Zoning Ordinance.

Welcome Sign – Brink Road: Mayor Oland reported that damage had occurred to the Welcome Sign. ElmStreet Development will redo landscaping and stone wall around the damaged sign.

Welcome Sign – Sundown Road: Mayor Oland reported that a right-of-way approval has been received for the placement of the Welcome Sign on Sundown Road.

Rolling Ridge Forest Conservation Plan: Mayor Oland reported that the final plan has been reviewed and approved by Benning and Associates and the Agreement will be recorded in December, 2006.

Reforestation Inventory – Fulks South: A reforestation inventory has been submitted to Benning and Associates for their review.

Laytonsville Homecoming 2006 – Picnic: Mayor Oland reported that David Galt has completed the DVD for this year’s Town Picnic. Mayor Oland expressed his appreciation to Mr. Galt for his professionalism in creating the DVD. The DVD is available at the Town Hall.

Town Hall: Mayor Oland reported that the Town Hall’s front porch needs repair or replacement. Replacement with a composite material would be $6,169.00. Replacement with a tongue and groove plank would be $4,410.00 The joists also have to be replaced. An application will be submitted to the Historic District Commission.

Proposed Ordinance – Off-the-Road Vehicles: Mayor Oland introduced a proposed Ordinance to adopt Chapter 7A of the Montgomery County Code regarding off-the-road vehicles which will grant authority to the County to apply, administer and enforce the code. A copy of the proposed Ordinance and a copy of Montgomery County’s Chapter 7A were distributed to the Council for their review. A Hearing will be scheduled for January 2, 2007.

Town Hall Tree Lighting Ceremony: The Tree Lighting ceremony will be held on Saturday, December 9, 2006 at the Town Hall.

Rolling Ridge/Laytonsville Volunteer Fire Department: The Bypass Deed and Access Deeds were recorded in Montgomery County for the Rolling Ridge Subdivision. The sidewalk easement for LVFD was also recorded in Montgomery County.

Action Items:

Proposed Ordinance to Amend Section 115 of the Town Zoning Ordinance: Council Member Tom Wilkinson made the motion to amend Section 115 of the Town Zoning Ordinance entitled “Extensions, Projections and Accessory Uses” with a change to Paragraph (3) from three feet to five feet. Council Member Frank Bennett seconded. Unanimously approved.

Proposed Ordinance to Amend Section 104 of the Town Zoning Ordinance: Council Member Frank Bennett made the motion to amend Section 104 of the Town Zoning Ordinance entitled “Definitions” to add a definition of the terms “Church” and “Religious Institutions” Council Member Tom Wilkinson seconded. Unanimously approved.

Proposed Ordinance to Adopt Current Chapter 8A of the Montgomery County Code entitled Cable Communications: Council Member Tom Wilkinson made the motion to adopt Chapter 8A of the Montgomery County Code entitled Cable Communications Council Member David Preusch seconded. Unanimously approved.

Proposed Resolution to authorize the Mayor to Execute Agreements with Montgomery County and to Award the Franchise to Verizon Maryland, Inc.: Council Member David Preusch made the motion to adopt the Resolution to authorize the Mayor to execute agreements with Montgomery County and award the non-exclusive franchise to Verizon Maryland, Inc. to operate a cable communications system within the corporate limits of the Town. Council Member Tom Wilkinson seconded. Unanimously approved.

Land Plan Review Committee: Mayor Oland moved to nominate Eric Wenger as Chairman, David Preusch as Ex Officio and Pete Stadler as a member of the Town’s Land Plan Review Committee. Council Member Tom Wilkinson seconded. Unanimously approved.

Council:

Council Member David Preusch discussed the condition of the sugar maple trees on Mobley Farm Drive. Council Member Preusch will obtain proposals to build small retaining walls and to fill in the swale near Sundown Road.

Citizens:

Town Hall Pavilion Styles: Six different styles were reviewed by the Council to obtain a consensus of opinion. Style #2 was approved by consensus. Mayor Oland will contact agent to obtain a review of prices and obtain samples of materials. An application will be submitted to the Historic District Commission.

Work Session – December 19, 2006: The Mayor and Council have cancelled the Work Session scheduled for December 19, 2006.

Council Member Tom Wilkinson made the motion to adjourn at 9:15 p.m.  Council Member Frank Bennett seconded.  Unanimously approved.

Respectfully submitted,

Cathryn D. Buit

Clerk

December 5, 2006

THE STUDENTS FROM THE SHARON MENNONITE BIBLE COLLEGE WILL BE AT THE TOWN HALL ON SATURDAY, JANUARY 13, 2007 AT 10:00 A.M. TO MAKE THE TOWN HALL SPARKLE! PLEASE JOIN US FOR THEIR GROUP A CAPELLA SINGING AT THE CONCLUSION OF THEIR COMMUNITY SERVICE.