Meeting minutes of Town Council Meeting on February 6, 2007

As reviewed, approved, and accepted by the Town Council on March 6, 2007

The regular meeting of the Mayor and Town Council was called to order by Mayor Oland at 7:32 p.m.  The Mayor, Council Members Frank Bennett, David Preusch, and Tom Wilkinson were present. Council Member Charles Bradsher was absent. The Clerk and the Treasurer were present. There were 8 citizens present.

The minutes of the regular Town Council Meeting on January 2, 2007 were approved as submitted.

The minutes of the Public Hearing on January 2, 2007 to consider a Proposed Ordinance to adopt Chapter 7A of the Montgomery County Code Entitled “Off-the-Road Vehicles” as being applicable within the Town and to Authorize Montgomery County to apply, administer and enforce the Provisions of Chapter 7A within the Town limits were approved as submitted.

Treasurer’s Report:  Reviewing the Profit and Loss Report for the month of January, 2007 total income for the month of January, 2007 was $21,293.00 that includes $16,945.00 in property taxes.  Major expenses for January, 2007 were $2,396.00 in payroll expenses; and $2,568.00 for waste management. Total expenses for the month of January, 2007 were $7,476. Looking at the Balance Sheet for the month of January, 2007, the fund balance for the general fund is $257,114.00; for the CIP account, the balance is $77,269.00 and the balance for the fixed assets fund is $384,904.00.  The total assets for the Town of Laytonsville for the month of January, 2007 are $719,287.00.

Council Member David Preusch made the motion to approve the Treasurer’s Report subject to audit. Council Member Frank Bennett seconded the motion. Unanimously approved.

Discussion/Action Items:

Resolution of Intent to enter National Flood Insurance Program and Resolution to adopt certain Flood Protections Measure and to join the National Flood Insurance Program: These Resolutions were approved on January 2, 2007. Each Council Member signed the Resolutions.

Stadler Family Agricultural Easement: Mayor Oland introduced Sue Carter, Miller, Miller and Canby and Pete Stadler, Stadler Nurseries. Mayor Oland reported that two further amendments to the document that Stan Abrams reviewed dated January 16, 2007 were being considered. Sue Carter distributed copies of the new document to include the amendments. Ms. Carter indicated that Jody Kline, Miller, Miller & Canby had Town Counsel, Stan Abrams, reviewing the amendments but that Mr. Abrams had approved the amendments conceptually.

Mayor Oland reported that he was in favor of the two amendments to the original easement document. The Stadler Family Agricultural Easement will be on the March 6, 2007 regular Town Council agenda.

Elections: May 7, 2007: Mayor Oland reported that the Town elections will be held on May 7, 2007 for the positions of Mayor and two Council Members. Filing information will be distributed.

Forest Conservation Plan – Rolling Ridge/Jones Farm: Mayor Oland reported that the Forest Conservation Plan submitted by Jones Farm for the Rolling Ridge subdivision has been recorded in Montgomery County.

Town Parade: Mayor Oland reported that the Laytonsville Lions Club will sponsor a parade on May 19, 2007.

U.S. Census: Mayor Oland reported that the United States Department of Commerce is looking for Field Representatives to conduct household surveys. Please contact their recruiting section by calling 1-888-722-8995.

Town Hall Pavilion/Porch: Mayor Oland reported that the Historic District Commission had approved the Work Permit Application for the Town Hall Pavilion. The total expense will be $44,000.00. The Historic District Commission was not in favor of replacing the Town Hall porch with a composite material. An in-kind replacement of the porch would be $5,600.00. The application for the porch was withdrawn.

Town Logo: Mayor Oland reported that the Logo Contest is from February 1, 2007 through March 30, 2007. Please submit your ideas to the Town Hall, postmarked by March 30, 2007.

Goshen Enterprises 2007 Mowing Contract: The 2007 contract reflected only some increases from the previous year. The path/sidewalk maintenance for the new Rolling Ridge subdivision was a new addition.

State Highway Administration: A meeting was held with the State Highway Administration on Monday, February 5, 2007 regarding the round-about at Brink/Sundown Road and Route 108. This round-about will not be approved because of the expenses involved. Also discussed was traffic speed coming into Town from the south.

Outlot A: Mayor Oland will discuss the purchase of Outlot A, at the terminus of the Route 108 By pass with a representative of Miller, Miller and Canby.

Bethel World Outreach Church: Mayor Oland reported that a pre-preliminary plan had been received for their proposed location on Brink Road.

Goshen Enterprises – Repair of inlet on Second Street: A proposal in the amount of $1,875.00 was received from Goshen Enterprises to repair the damaged and loose brink on the inlet.

Tree Ordinance: Mayor Oland introduced Eric Wenger. Mr. Wenger had reviewed the Town’s current Tree Ordinance and offered suggestions for bringing the Ordinance current. The information was submitted to Council Member David Preusch to review and then pass to the other Council Members for their review.

Work Session - February 20, 2007: The Work Session for February 20, 2007 has been cancelled.

Action Items:

Goshen Enterprises 2007 Mowing Contract: Council Member Tom Wilkins made the motion to approve the 2007 Mowing Contract submitted by Goshen Enterprises. Council Member Bud Bennett seconded. Unanimously approved.

Goshen Enterprises – Second Street Inlet Repair: Council Member Frank Bennett made the motion to approve the repair of the Second Street inlet as submitted by Goshen Enterprises in the amount of $1,875.00. Council Member Tom Wilkinson seconded. Unanimously approved.

Council:

Citizens:

Eric Wenger questioned the status of the property located at Route 124 and Warfield Road. There are apparently parking and ingress/egress problems associated with this site. Mr. Wenger also reported that contractors for snow plowing from the SHA had dumped excess salt on Maple Knoll Road. Mayor Oland will call contact at the State Highway Administration.

Sheree Wenger and Jill Ruspi, representatives of the Historic District Commission brought the meeting up-to-date on the Rolling Ridge historic structure, Lot 14. It was brought to the meeting’s attention that the residence must be occupied or a security plan must be submitted according to the terms of the Annexation Agreement dated 1-4-05, page 6 (C). No such documentation has been received. On August 26, 2005 a maintenance schedule was requested. Pictures of the deterioration of the historic structure were circulated.

Mayor Oland noted that a letter dated January 25, 2007 from the Town’s Counsel, Stanley D. Abrams, Esq. had been sent to ElmStreet Development and that according to the Zoning Ordinance (Section 127.08), the owner has a certain amount of time within which to complete the requirements. ElmStreet Development did request a meeting with the Mayor and Council within the required time frame.

Mayor Oland introduced Mike Bingley, Project Manager for ElmStreet Development. Mr. Bingley distributed a letter dated February 6, 2007 outlining proposed solutions to the requirements requested. A report from the Bucher/Borges Group was also included. Mayor Oland submitted the report to the Historic District Commission Chair, Sheree Wenger for further review. Mayor Oland reported that according to Mr. Abrams’ letter, corrective action must commence within thirty days and completed within sixty days. The Mayor and Council will review the analysis by the Historic District Commission at their March regular Town Council meeting and take final action.

It was noted that security, either through fencing or an alternative method, was paramount to the Council.

Richard DeWitt suggested that flood lights and a construction gate at the entrance to Rolling Ridge Lane would be helpful.

Council Member Frank Bennett made the motion to adjourn at 9:25 p.m.  Council Tom Wilkinson seconded.  Unanimously approved.

Respectfully submitted,

Cathryn D. Buit

Clerk

February 6, 2007