Meeting minutes of Town Council on October 7, 2008          

As reviewed, approved, and accepted by the Town Council on November 4, 2008

 

Mayor Oland called the regular Town Council meeting to order at 7:32 p.m.    Council Members, Frank Bennett, and David Preusch  were present.  The Clerk and the Treasurer were present.  There were five citizens present. 

The minutes of the regular Town Council Meeting on September 2, 2008 were approved as submitted. 

Treasurer’s Report:    The Treasurer reviewed the Profit and Loss Report for the month of September, 2008: total income for the month of September was $16,965.00.  Major expenses for September, 2008 were $2,734.00 for Waste Collection; Payroll in the amount of $3,821.00 and Legal in the amount of $3,089.00.  Total net income for the month of September, 2008 was -$1,720.00.  Looking at the Balance Sheet for the month of September, 2008, the fund balance for the general fund is $298,601; for the CIP account, the balance is $103,007.00 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 September, 2008 is $785,546.00 

Council Member Frank Bennett made the motion to approve the Treasurer’s Report for the month of September, 2008 subject to audit.  Council Member David Preusch seconded.  Unanimously approved.

Discussion/Action Items:

 

Town Picnic:  Mayor Oland reported that the Town Picnic was held on September 20, 2008 and approximately 300 people attended.

 

Work Session – October 21, 2008:  The Mayor and Council will conduct a Work Session on October 21, 2008.

 

Local Government Insurance Trust – Hazard Evaluation Survey:  A survey was conducted by LGIT on September 9.  Mrs. Wilkinson has been working on a draft for the Town’s Personnel Policy.  A draft Town Safety and Health Policy was reviewed..  Drafts of the policies were distributed.  Mayor Oland requested that the Council review. 

 

A copy of LGIT’s survey was distributed to Council Members.  One aspect recommended by LGIT was that the Council take a more active role in the safety conditions of the Town. 

 

LGIT also recommended that the two outbuildings on the Town property should be included in the policy coverage.  The outbuildings were included in the Town Hall coverage as of September 9, 2008.

 

Letter to Mayor and Council from Board of Appeals to clarify Definition of Warehouses and Storage Buildings:  During the last Board of Appeals Work Session, it was brought up that the Town Zoning Code does not specifically address self-storage units.  The letter submitted by the Board of Appeals to the Mayor and Council requested that the Mayor and Council review these definitions.  Mayor Oland pointed out that the original Town Zoning Code was adopted in 1959.   Mayor Oland said that through Text Amendments the Mayor and Council could eliminate, define or discuss the definitions at a Work Session or do nothing.  Mayor Oland noted that in July of 2007, he has asked the Citizens Advisory Board to look at all of the Permitted Uses and Special Exception Uses in all of the Town’s zones.  Council Member David Preusch noted that the Town attorney did not make a strong recommendation one way or the other in his Memorandum to the Town Council

 

Council Member Frank Bennett noted that Montgomery County has a separate category and that the Town should follow their procedure (eliminate warehouses from the Commercial and Commercial Historic Zone).  Mayor Oland noted that Montgomery County also has an Industrial Zone.  It was discussed that the Town attorney should define what the Mayor and Council should consider as to the definition of warehouses, storage buildings and self-storage buildings and discuss further at the Work Session on October 21.

 

Appoint Brad Taulbee as Assistant Treasurer:  Mayor Oland introduced Brad Taulbee.  Mayor Oland recommended that Brad be appointed Assistant Treasurer with a salary of $4,500 per year with a six month review.

 

Miller Lots – Lots 1 and 2, Block C, Len Mar Park:  Mayor Oland reported that the Town had made an offer to the Millers and had not received a response.

 

Permitted and Special Exception Uses – C and CH Zones:  Mayor Oland reported that Brendan Deyo has been working on the request to review Permitted and Special Exception Uses in the C and CH Zones.

 

Check Signing Authority – Cathryn Buit:  Mayor Oland recommended that Cathryn Buit be approved for check signing authority.

 

Town Hall Tree Removal Quotes:  Mayor Oland submitted three quotes for Council review.  The quotes were from C&L Tree Service, Jamison Tree Service and The Care of Trees. 

 

Eagle Scout Project:  Mayor Oland asked that any suggestions to identify an Eagle Scout project for the Town be submitted to the Town Hall, (301) 869-0042.

 

Sheree Wenger – Chair, Historic District Commission:  Mrs. Wenger discussed the progress of the University of Maryland graduate student program.  The students met at the Town Hall on September 24 to begin their research.  A presentation of their research will be made at the December Mayor and Council meeting at St. Paul’s United Methodist Church.  Mrs. Wenger has also applied for a grant for matching funds from Montgomery Preservation, Inc. in Rockville.  Mrs. Wenger will send a formal invitation to those residents involved.

 

Council Member Charles Bradsher:  Mayor Oland noted that Charles

Bradsher has been mobilized for the third time and will be going to Afghanistan.  Mayor Oland noted that when the Town adopted the Charter three years ago, under section 406 (b) vacancies, appointments of a temporary Council Member was allowed.  Kris

Bradsher is willing to assume the role of Council Member is her husband’s absence.

 

Closed Executive Session:  Mayor Oland reported that the Mayor and Council conducted a Closed Session.  In compliance with the Open Meetings Act Sec. 10-508, the following information is submitted regarding the Closed Session of the Mayor and Council on September 2, 2008:

 

Statement of Time, Place and Purpose of Closed Session:

 

1.Closed Session was held on September 2, 2008 at 8:30 p.m. at the Town Hall, 21607 Laytonsville Road, following the regular monthly meeting of the Town Council to discuss the negotiation of a real estate transaction.  Present:  Mayor Oland, Council Members:  Bennett, Bradsher and Preusch.  Council Member-Elect Jim Ruspi.  The Clerk was present.

 

2. At regular monthly meeting of the Town Council on September 2, 2008 Mayor Oland made the motion that the Mayor and Council go into a Closed Session at the conclusion of the regular monthly meeting on September 2, 2008.  Council Member Frank Bennett seconded.

 

3.Record of Vote to Close Session:

 

                        Bennett            Yes                              Preusch            Yes

                        Oland               Yes                              Bradsher         Yes

 

 

 

Council Member Frank Bennett made the motion to adjourn the Closed Session at 9:10 p.m.  Council Member Charles Bradsher seconded.  Unanimously approved.

 

 

 

Action: 

Letter to Mayor and Council from Board of Appeals to clarify Definition of Warehouses and Storage Buildings:    Council Member Frank Bennett made the motion to request that the Town Counsel more fully define the definition of warehouses, storage buildings and self-storage buildings.  Council Member David Preusch seconded.  Unanimously approved.

Appoint Brad Taulbee as Assistant Treasurer:  Mayor Oland made the motion to appoint Brad Taulbee as Assistant Treasurer for the Town of Laytonsville with an annual salary of $4,500.00 and a six month review.  Council Member Frank Bennett seconded.  Unanimously approved.

Check Signing Authority – Cathryn Buit:  Mayor Oland made the motion to approve Cathryn Buit for check signing authority for the Town of Laytonsville.  Council Member David Preusch seconded.  Unanimously approved.

Town Hall Tree Removal Quotes: Council Member Frank Bennett made the motion to accept Jamison Tree Service’s quote for the removal of seven trees on the Town Hall property.  Council Member David Preusch seconded.  Unanimously approved.

Council Member Charles Bradsher – Deployment:  Mayor Oland made the motion to appoint Kris Bradsher as Temporary Council Member while Charles is on military assignment.  Council Member Frank Bennett seconded.  Unanimously approved.

Council:

 

Citizens:

Josh Pomeroy stated that the Town’s Zoning Code should be updated; however, the current Board of Appeals Special Exception application should be considered under the current Zoning Ordinance. 

Josh Pomeroy would also like to recommend that the two trees (on Pomeroy and Bradsher lots) be saved from the WSSC recommendation that the trees be removed.  Mayor Oland requested that Josh prepared a draft of a statement to WSSC. 

Jill Ruspi noted that some smaller towns have begun using recyclable materials and the Town of Laytonsville might consider using those materials in their sidewalks.

 

 

Phyllis Sterling noted her support for the trees in Pomeroy and Bradsher’s yards. 

Mrs. Sterling also noted that the Town should be more pro-active regarding the inadequacies in the Zoning Ordinance; recommended recycling bins at the Town picnic; turning the volume of the music down at the Town picnic.

 

Mayor Oland administered the Oaths of Office to Brad Taulbee, Assistant Treasurer and Kris Bradsher, Temporary Council Member.

Council Member Frank Bennett made the motion to adjourn the regular meeting at 8:37p.m.  Council David Preusch seconded.  Unanimously approved.

 

Respectfully submitted,

 

 

Cathryn D. Buit

Clerk

October 7, 2008   

 

NOTE:  NEIGHBORHOOD WATCH TRAINING SESSION:  DISTRICT #5 IS CONDUCTING A DISTRICT WIDE NEIGHBORHOOD WATCH TRAINING SESSION ON THURSDAY, 11-13-08 AT 7:00 P.M. AT THE UPCOUNTY CENTER (12900 Middlebrook Rd., Suite 1000, Germantown, MD).   ALL ARE INVITED.

 

NOTE:  RESIDENTS MAY SUBMIT A PEPCO LIGHT OUTAGE (WOODEN POLES) AT PEPCO.COM.  WILL REQUIRE STREET ADDRESS AND POLE NUMBER.