Meeting minutes of Town Council Meeting on September 4, 2007

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

Following the Public Hearings, the regular meeting of the Mayor and Town Council was called to order by Mayor Oland at 8:50 p.m.  The Mayor, Council Members Frank Bennett, Charles Bradsher, David Preusch and Tom Wilkinson were present.  The Clerk was present. There were 14 citizens present.

The minutes of the regular Town Council Meeting on August 7, 2007 were approved as submitted. The minutes of the Public Hearings on August 14, 2007 to consider a proposed Zoning Text Amendment to change “Commercial establishment devoted to sales, service, trades and/or merchandising” from a special exception to a use permitted by right in the CH Zone (§§111.02 and 111.03); a proposed Zoning Text Amendment to permit changes with minimal affect on the historic, archeological, or architectural significance to be made on historic resources without review by the Historic District Commission (§127.05) and to modify sign notification requirements as to applications for historic area work permits (§127.06); and a proposed Zoning Text Amendment to define the terms “building height” and “resident” and amend the definition of “home occupation” (§104); to amend the powers of the board of appeals to revoke special exceptions (§116.03, §118); to amend the filing requirements for applications of variances and special exceptions (§119); to amend the notice requirements for hearings on special exceptions and variances (§120); establish the setting of certain fees relating to notification signs and filing fees for applications for reclassification (§§121 and 122); establish sign deposits for notification signs (§124); and amend provisions relating to the filing and notification of Zoning Text Amendments (§129); and a proposed Amendment to the Preliminary Plan submitted by Laytonsville Communities, LLC were approved a submitted.

Council Member Frank Bennett made the motion to approve the corrected July 3, 2007 Town Council minutes to indicate the proposed Text Amendments submitted were approved to go to Public Hearings on August 14, 2007 as submitted and Council Member Charles Bradsher seconded. Unanimously approved.

Treasurer’s Report: Reviewing the Profit and Loss Report for the month of August: total income for the month of August was $16,249.00, which includes interest totaling $1,166.00 and the Municipal Tax Duplication Payment of $13,677.00  Major expenses for August, 2007 were $9,945.00 for the Town Hall pavilion and $1,848.00 for grounds maintenance. Total net income for the month of August, 2007 was -$3,036.00. Looking

at the Balance Sheet for the month of August, 2007, the fund balance for the general fund is $212,660.00; for the CIP account, the balance is $87,136.00 and the balance for the fixed assets fund is $383,938.00.  The total fund balance for the Town of Laytonsville for the month of August, 2007 is $683,735.00.

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

Discussion/Action Items:

Rolling Ridge Building Permit Application – Lot 8: Mayor Oland introduced Joe Korcinsky, NV Homes who presented the building permit and site plan for the house to be constructed on Lot 8. Mayor Oland noted that approvals must come from the Town of Laytonsville before Montgomery County issues their permit. The blueprints and specifications for the house were reviewed. Council Member Wilkinson inquired as to whether the garage doors were opening to the front or to the side. Mr. Korciksky indicated the customer has the option of either. Mayor Oland questioned the height. Mr. Korcinsky responded that the height was under 37 ½’ with beaded vinyl siding.

Council Member Frank Bennett made the motion to approve the building permit and site plan submitted by NV Homes for the house to be constructed on Lot 8. Mayor Oland seconded the motion. Unanimously approved.

Mayor Oland reported that the Town was expecting an application from NV Homes for Lot 9 within the week.

Proposed Zoning Text Amendments to Define “Contributing Resources” and to “Repeal and Reenact with Amendments provisions relating to “Violations and Penalties” and “Appeals”.

Mayor Oland wishes to discuss this proposed Zoning Text Amendment with legal counsel, Stan Abrams further.

Ace Environmental Services, LLC – Remove Underground Storage Tank: Mayor Oland reviewed a proposal from Ace Environmental Services to remove the 55 gallon underground storage tank at the Town Hall in the amount of $3,930.00

Amend Zoning Ordinance to Define Terms: “Building Height”, “Resident”, “Home Occupation” and other Definitions as proposed at the August 14, 2007 Public Hearings: Mayor Oland reviewed the change to the definition of “Home Occupation”, Section 104 (j) 3: to read:

No modification of the exterior of the premises shall be made to accommodate the occupation except as a condition specified by the Board of Appeals and when applicable by the Historic District Commission in the granting of the exception, and except that one (1) sign, for uses located in a CH or RH Zone or site designated as a historic site or resource must be first approved by the Historic District Commission, not exceeding a total of one and one-half square feet may be displayed on the exterior of the premises, provided that it is not illuminated and does not project more than one (1) foot beyond an exterior wall.

Mayor Oland reviewed the change to the definition of “Resident”, Section 104 (o) to read:

“Resident”: Any person who occupies a dwelling within the Town, has a present intent to remain within the Town for a period of time in excess of thirty (30) consecutive days and manifests the genuineness of that intent by establishing an ongoing physical

their presence within the dwelling with indicia that his/her presence is other than transitory in nature.

Council Member Frank Bennett made the motion to close the record on the Public Hearing held on August 14, 2007. Council Member Tom Wilkinson seconded. Unanimously approved.

Amend Zoning Ordinance to include Requirement of Town Council Approval for Historic District Commission Guidelines and minimal Affect on the Historic, Archaeological or Architectural Significance without Review by the Historic District Commission: Council Member Frank Bennett made the motion to close the record on this Public Hearing. Council Member Tom Wilkinson seconded. Unanimously approved.

Amending Zoning Ordinance to Allow Commercial Establishments devoted to sales, service, trade, and/or merchandising as a Permitted Use in the CH Zone: Council Member Frank Bennett made the motion to close the record on this Public Hearing. Council Member Tom Wilkinson seconded. Unanimously approved.

Sidewalk to Town Hall Pavilion: Mayor Oland recommends that this request be held in abeyance. Mayor Oland further discussed the idea of a family tree wall to be constructed in the pavilion. Mayor Oland feels that a wall would detract from the pavilion and the Town might want to consider a self-contained wall or an interior wall in the Town Hall.

Notice of Hearing for Variances and Special Exceptions (Section 120): Mayor Oland noted that the timeframe was changed from seven working days to fourteen working days to be consistent with the Zoning Ordinance.

Work Session – September 18, 2007: The Mayor and Council have cancelled the Work Session scheduled for September 18, 2007.

Lions Club Bloodmobile: The Laytonsville Lions Club has contacted the Town for the of the Town Hall during their blood drives. The Lions Club will sign a Use and Indemnification Agreement.

Action:

Proposed Amendment to the Preliminary Plan submitted by Laytonsville Communities, LLC: This proposed amendment will be further reviewed at the October 2, 2007 regular Town Council Meeting. Stan Benning, the Town’s Land Planner, will consult with Jim Ruff, of Macris, Hendricks and Glascock.

Ace Environmental Services, LLC – Remove Underground Storage Tank at the Town Hall: Council Member Tom Wilkinson made the motion to accept the proposal from Ace Environmental Services to remove the underground 55 gallon oil tank. Discussion regarding a second bid was held. Council Member David Preusch seconded the motion. Unanimously approved.

Amend Zoning Ordinance to include proposed Zoning Text Amendment to define the terms “building height” and “resident” and amend the definition of “home occupation” (§104); to amend the powers of the board of appeals to revoke special exceptions (§116.03, §118); to amend the filing requirements for applications of variances and special exceptions (§119); to amend the notice requirements for hearings on special exceptions and variances (§120); establish the setting of certain fees relating to notification signs and filing fees for applications for reclassification (§§121 and 122); establish sign deposits for notification signs (§124); and amend provisions relating to the filing and notification of Zoning Text Amendments (§129): Mayor Oland made the motion to approve the above mentioned Text Amendments with changes to Section 104: “Home Occupation” (j) 3 and “Resident” (o). Council Member Frank Bennett seconded. Unanimously approved.

Amend Zoning Ordinance to include Requirement of Town Council Approval for Historic District Commission Guidelines and to permit changes minimal Affect on the Historic, Archaeological or Architectural Significance without Review by the Historic District Commission: Mayor Oland made the motion to approve the proposed amendment to the Zoning Ordinance to include the requirement of the Town Council approval for HDC Guidelines and to permit changes with minimal affect on the historic, archaeological or architectural significance without review by the HDC. Council Member Frank Bennett seconded. Unanimously approved.

Amend Zoning Ordinance to allow Commercial Establishments devoted to sales, service, trade and/or merchandising as a Permitted Use in the CH Zone: Mayor Oland made the motion not to approve the proposed amendment to the Zoning Ordinance to allow Commercial Establishments devoted to sales, service, trade and/or merchandising as a Permitted Use in the CH Zone. Council Member Frank Bennett seconded. Unanimously approved.

Town Hall Pavilion Commemorative Wall: Council Member Frank Bennett made the motion not to construct an attached wall in the Town Hall Pavilion. Council Member Tom Wilkinson seconded. Unanimously approved.

Lions Club Blood mobile: Mayor Oland made the motion to accommodate the Lions Club in their request to hold their blood drives at the Town Hall. Council Member Tom Wilkinson seconded. Unanimously approved.

Notice of Hearing for Variance and Special Exceptions: Mayor Oland made the motion to change Section 120 notice of hearing from seven working days to 14 working days to be consistent with the Zoning Ordinance. Council Member Preusch seconded. Unanimously approved.

Council:

Council Member Preusch made the motion that lighting in the Town Hall pavilion be revisited. Council Member Charles Bradsher seconded. Discussion followed. Council Member Frank Bennett made the motion to decline the motion to revisit the lighting in the pavilion. Council Member Tom Wilkinson seconded. Unanimously approved.

Council Member Preusch reported that he had been requested to dedicate the pavilion at the picnic on September 15, 2007. Mayor Oland indicated that the pavilion does not need to be dedicated at this time. It was agreed by consensus not to dedicate the pavilion at this time.

Citizens:

Mrs. Sheree Wenger stated that she agreed with the pavilion dedication should be delayed and a wall not installed at this time.

Mrs. Phyllis Sterling questioned as whether the Town of Laytonsville had entered into discussion with the Laytonsville Volunteer Fire Department and Natelli regarding the Fulks South development. Mrs. Sterling is curious as to the time frame for the expansion of the Laytonsville Volunteer Fire Department building.

Council Member David Preusch made the motion to adjourn at 10:05 p.m.  Council Frank Bennett seconded.  Unanimously approved.

Respectfully submitted,

Cathryn D. Buit

Clerk

September 4, 2007

NOTICE: THERE WILL BE A CONTINUANCE OF THE PUBLIC HEARING HELD ON SEPTEMBER 4, 2007 TO CONSIDER THE PROPOSED AMENDMENTS TO THE PRELIMINARY PLAN SUBMITTED BY LAYTONSVILLE COMMUNITIES, LLC ON TUESDAY, OCTOBER 23, 2007 (SUBJECT TO CHANGE) AT 7:30 P.M. THE MEETING WILL BE HELD AT ST. PAUL METHODIST CHURCH FELLOWSHIP HALL, 21720 LAYTONSVILLE ROAD. REPRESENTATIVES FROM THE STATE HIGHWAY ADMINISTRATION WILL BE AVAILABLE TO FURTHER DISCUSS THE PROPOSED LIGHT AND ROUND-ABOUT A THE INTERSECTION OF ROUTE 108 AND WARFIELD ROAD. A COPY OF THE PROPOSED AMENDMENT IS AVAILABLE AT THE TOWN HALL DURING REGULAR BUSINESS HOURS AND WILL BE AVAILABLE AT THE MEETING.