Meeting minutes of Town Council Meeting on March 6, 2007                      

As reviewed, approved, and accepted by the Town Council on April 3, 2007 

 

 

Mayor Oland called the Public Hearing to consider the proposed 2007-2008 Budget and the establishment of an ad valorem tax to order at 7:35 p.m.  The Treasurer, Chris Wilkinson, reviewed the proposed General Funds Budget:

 

            Total Income:                        $232,200

            Total Expenses            $228,700

            Total Net:                  $    3,500

           

The Treasurer, Chris Wilkinson reviewed the proposed CIP Budget:

 

            Total Income             $ 32,500

            Total Expense                       $ 30,000

            Total Net:                  $   2,500

 

 

Mayor Oland requested any public testimony.

 

There being no testimony, the Public Hearing to consider the Proposed 2007-2008 Budget and the establishment of the ad valorem tax rate was closed at 7:50 p.m.

 

Mayor Oland called the Public Hearing to consider the request submitted by Josh and Katherine Pomeroy to order at 7:51 p.m.  The request is to add a 28’ x 30’ by 19’ outbuilding to include a two-car garage with additional woodshop space and an additional room to serve as a seasonal greenhouse for the property located at 21404 Laytonsville Road.  This request requires a waiver of the current height and footprint requirement stated in Section 115 of the Zoning Ordinance. 

 

Josh Pomeroy reviewed the proposed plans for the 700 square foot building on a 21,700 square foot lot.  The structure would be 55’ from the back wall of the main house.

 

Mayor Oland requested any public testimony.

 

 

 

 

Phyllis Sterling              Submitted written testimony.  Stated that she would not

21401 S. Montgomery St            testify specifically for or against the waiver being requested

As a member of the Historic District Commission, she wished to avoid any conflict in any future proceedings before the HDC.  Mrs. Sterling wanted to take the opportunity to speak of the overarching challenges set forth in Section 115 of the Zoning Ordinance. 

 

 

There being no further testimony, Mayor Oland closed the Public Hearing at 8:04 p.m.

 

 

The regular meeting of the Mayor and Town Council was called to order by Mayor Oland at 8:05 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 9 citizens present.

The minutes of the regular Town Council Meeting on February  6, 2007 were approved as submitted.

Treasurer’s Report:  Reviewing the Profit and Loss Report for the month of February, 2007 total income for the month of February, 2007 was $20,373.00 that includes $14,414.00 in income taxes.  Major expenses for February, 2007 were $2,568.00 for waste management; $938.00 in legal expenses; snow removal in the amount of $1,769.00 and $954.00 in payroll expenses. Total expenses for the month of February, 2007 were $8,477.00. Looking at the Balance Sheet for the month of February, 2007, the fund balance for the general fund is $267,262.00; for the CIP account, the balance is $79,182.00 and the balance for the fixed assets fund is $383,938.00.  The total assets for the Town of Laytonsville for the month of February, 2007 are $730,382.00. 

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

 

Discussion/Action Items:

Proposed 2007-2008 Budget:  Mayor Oland reviewed the Public Hearing comments.

Proposed Ad Valorem Tax Rate:  Mayor Oland reported that no change would be necessary in the $.14 tax rate on real property and the $.35 tax rate on personal property.

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 has been distributed.    Mayor Oland suggested that the following Election Judges be re-appointed:  Barbara White, Dottie Tessier, Michele Shortly and Ruth Bennett;  Alternate Judges to be re-appointed:  Jill Ruspi and Esther Whipp.

Stadler Family Agricultural Easement:  Mayor Oland reminded the Council that copies of the red-lined version of the Stadler Family Agricultural Easement distributed to the Council on February 27 was being reviewed.  Phyllis Sterling commented on two administrative changes and wanted further discussion on the term “hunting” on page 4 of the Easement.  It was agreed by consensus that the term “hunting” should be removed from Article IV (G) “Recreational Uses.”

Natelli Communities (Fulks South):  In a letter dated February 6, 2007, Natelli Communities as requested a two year extension of their preliminary plan process.

Washington Gas:  In a letter dated February 6, 2007, Washington Gas confirmed that they will install all necessary gas mains, services and metering to the Town Hall, 21607 Laytonsville Road, at no cost, having considered the revenues they anticipate from the project.  Two proposals to furnish and install the equipment were received and reviewed.

Town Hall Front Porch:  Mayor Oland reviewed a bid from Bob’s Home Care in the amount of $5,554.00 to replace the Town Hall’s front porch boards; prime top and bottom with oil base paint; prime and paint top and bottom of porch with polyurethane; lay 8 ml plastic vapor barrier under porch; and reinforce joists to comply with code: 16” on center.

FEMA:  The Town has received a letter from FEMA dated February 16, 2007 that confirms that the Town of Laytonsville residents are now eligible to apply for federal disaster assistance for five years from the date of their letter.

Town Parade:  Mayor Oland reminded the meeting that the Town Parade will be held on May 19, 2007.  Sponsors are:  Town of Laytonsville, Laytonsville Lions Club, Laytonsville Volunteer Fire Department and the Laytonsville Elementary School PTA.

 

Proposed Waiver of Height and Footprint Requirement – 21404 Laytonsville Road: Mayor Oland reported that he had no problem with the waiver.  The request is to add a 28’ x 30’ by 19’ outbuilding to include a two-car garage with additional woodshop space and an additional room to serve as a seasonal greenhouse for the property located at 21404 Laytonsville Road.  This request requires a waiver of the current height and footprint requirement stated in Section 115 of the Zoning Ordinance.  Mayor Oland noted that the change in Section 115 allows the Council to review requests on a case-by-case basis.

 

Rolling Ridge (Jones Farm) Historic Structure:  At the February 6, 2007 meeting Mayor Oland reported that the owner of the Historic Structure, ElmStreet Development, had been requested to develop a security/maintenance plan. Mike Bingley, ElmStreet Development, introduced a site plan with a 6’ high chain-link fence to be installed 25’ away from the structure and with a 12’ wide gate.  Mr. Bingley had met with the Historic District Commission previously and the HDC was in agreement with the proposed fence.

 

Mayor Oland requested the Elm Street post “No Trespassing” signs and also submit in writing a report on the following:

 

  1. Posting of “no trespassing” signs
  2. Security Lighting
  3. Updated report from Bucher/Borges Group
  4. A written marketing plan on the sale of the historic Rolling Ridge structure

 

Mayor Oland further inquired as to when power would be available to the historic structure.  Mike Bingley reported that Pepco submitted an estimate that within the next 60 days they would run the primaries.

 

Sheree Wenger, Chair of the Historic District Commission, submitted a letter to reinforce a completion date of May 1, 2007 for the discussed items.  Further, a report of the scheduled maintenance should be submitted to the Historic District Commission by the 15th of each month for ongoing items.

 

The Historic District Commission represented by Sheree Wenger and Phyllis Sterling submitted changes requested to the HDC’s Guidelines:  Fences:  should include “The rear corners of the structure will define the front yard.” and Stoops, Steps, & Railings, Porches and Decks should include:  Second story or two-story decks are not permitted.”  It was agreed by consensus to approve the two requested changes.

 

Mayor Oland indicated he would like the Council to review the Historic District Guidelines as a whole.  A copy of the current Guidelines will be distributed to the Council for their review.

 

Work Session – March 20, 2007:  The Work Session for March 20, 2007 has been cancelled.

Action Items:

Proposed 2007-2008 Budget and Proposed Ad Valorem Tax Rate:  Council Member Tom Wilkinson made the motion to adopt an Ordinance to adopt the Town Budget for the fiscal year July 2, 2007 through June 30, 2008 and to levy an ad valorem tax rate of $.14 tax rate on real property and the $.35 tax rate on personal property.    Council Member Frank Bennett seconded.  Unanimously approved.

Proposed Waiver of Height and Footprint Requirement – 21404 Laytonsville Road:  Mayor Oland made the motion to approve the request to waive the current height and footprint requirement on the property located at 21404 Laytonsville Road to include a garage of 710 square feet with a 155 square foot loft at a height of 19’ and a 10’ set back.  Council Member Frank Bennett seconded.  Unanimously approved.

Stadler Family Agricultural Easement:   Council Member Frank Bennett made the motion to accept the Stadler Family Agricultural Easement with the administrative changes in two titles and the term “hunting” on page 4, from Article IV (G) “Recreational Uses,” be removed.  Council Member Tom Wilkinson seconded.  Unanimously approved.

Natelli Communities (Fulks South):  Council Member Frank Bennett made the motion to approve the extension request for the Fulks South Development submitted by Natelli Communities for another two years.  Council Member Tom Wilkinson seconded.  Unanimously approved.

Washington Gas:  Council Member Tom Wilkinson made the motion to notify Washington Gas to install all necessary gas mains, services and metering to the Town Hall, 21607 Laytonsville Road and to covert the current oil furnace to a natural gas furnace.  Council Member David Preusch seconded.  Unanimously approved.

Bethesda Refrigeration Service, Inc.:  Council Member Tom Wilkinson made the motion to accept the contract submitted by Bethesda Refrigeration Service, Inc. in the amount of $6,810.009 to furnish and install a new ultra-gas-fired furnace at the Town Hall, 21607 Laytonsville Road.  Council Member David Preusch seconded.  Unanimously approved.

Town Hall Front Porch:  Mayor Oland made the motion to approve the estimate submitted by Bob’s Home Care in the amount of $5,554.00 to replace the Town Hall’s front porch boards; prime top and bottom with oil base paint; prime and paint top and bottom of porch with polyurethane; lay 8 ml plastic vapor barrier under porch; and reinforce joists to comply with code: 16” on center.  Council Member David Preusch seconded.  Unanimously approved.

Council: 

Citizens:

Sheree Wenger inquired about the usage of space in a residential zone that is apparently being utilized as warehouse space.

Mayor Oland reported that he had spoken to Town Counsel, Stan Abrams, and that Mr. Abrams indicated that parking/storage does not support the primary use of property in the residential zone.

Council Member Frank Bennett made the motion to have Legal Counsel contact the property owner in question that the current usage is not in compliance with approved uses in the Residential Zone. Council Member Tom Wilkinson seconded.  Unanimously approved.

Mrs. Wenger also reported that the State Highway Administration trucks continue to deposit salt/chemicals on Maple Knoll Drive.

 

Council Member Tom Wilkinson made the motion to adjourn at 10:00 p.m.  Council Frank Bennett seconded.  Unanimously approved.

Respectfully submitted,

 

Cathryn D. Buit

Clerk

March 6, 2007     

 

NOTE:  The Town of Laytonsville, the Laytonsville Lions Club, the Laytonsville Volunteer Fire Department and the Laytonsville Elementary School Parent Teacher Association are jointly sponsoring the 2007 Laytonsville Community Parade on May 19, 2007.  Route 108 will be closed from 11:00 a.m. until 1:00 p.m. on that date.

 

NOTE:  A permit from the Town is required for the following:  apron, driveway, fence, swimming pool and tree removal.  Please visit www.laytonsville.md.us