Meeting minutes of Town Council on May 5, 2009        

As reviewed, approved, and accepted by the Town Council on June 2, 2009

Mayor Oland called the regular Town Council meeting to order at 7:31 p.m.    Council Members Frank Bennett, Kris Bradsher and David Preusch were present.   Council Member James Ruspi was absent.  Council Member-Elect Dan Prats was present.   The Clerk and the Assistant Treasurer were present.  There were five citizens present. 

The minutes of the regular Town Council Meeting on April 7, 2009 were approved as submitted.   The minutes of the Public Hearing to consider the proposed Ordinance to amend Ordinance #01-04 to amend further so as to define the term “Storage Pod” were approved as submitted.

Treasurer’s Report:    The Assistant Treasurer reviewed the Profit and Loss Report for the month of April, 2009: total income for the month of April was $6,400.00. Property tax in the amount of $1,552.00 was received; and Permits and Fees in the amount of $1,550 were received.   Major expenses for April, 2009 were $2,734.00 for Waste Collection;  Legal in the amount of $1,881.00;  and Accounting in the amount of $1,287.00.  Total net income for the month of April, 2009 was -$4,727.00.  Looking at the Balance Sheet for the month of April, 2009, the fund balance for the general fund is $328,632.00; for the CIP account, the balance is $101,751.00; and the balance for the fixed assets fund is $493,938.00.  The total fund balance for the Town of Laytonsville for the month of April, 2009 is $924,322.00 

Council Member David Preusch made the motion to approve the Treasurer’s Report for the month of April, 2009 subject to audit.  Council Member Frank Bennett seconded.  Unanimously approved.

Discussion/Action Items:

Washington Suburban Sanitary Commission Update:  Mayor Oland introduced Ramona Davis, Project Manager.  Ms. Davis reviewed the following:  the developer for the property where the storage tank is to be located has not signed the deed or the right-of way; WSSC will complete the design in the meantime;  of 43 rights-of-way, 17 have been signed; a design cost proposal for vibration analysis of sensitive foundation properties is

due 5-15-09.

Ms. Davis noted that when WSSC does a sensitive foundation survey or if a homeowner requests, they will be included in the sensitive foundation survey list.

Mayor Oland inquired about a homeowner that was not included on the list.  Ms. Davis noted that WSSC would stop construction and would  do a survey.  WSSC is not looking for a list of sensitive foundation properties from the Town; the list will be based on a survey conducted by WSSC. 

Ms. Davis further noted that WSSC will have a tree arborist review all trees in the WSSC mainline pathway as part of the WSSC contract.  WSSC will guarantee the trees that are impacted by the mainline installation for two years.  If trees need to come down, WSSC will remove.   Mayor Oland requested the above information re: sensitive foundation survey and the WSSC tree arborist review in writing.  Ms. Davis responded that information will be in the contract.

Ms. Davis also noted that WSSC has to develop a new traffic pattern – especially in front of Laytonsville Elementary School. 

Election Results:  Mayor Oland noted that the Town election was held on May 4, 2009.  Charles W. Oland:        63 votes

Frank Bennett:                        39 votes

Dan Prats:                   44 votes

David Preusch:            44 votes

Proposed Ordinance to amend Parking Ordinance #01-04 so as to define the Term “Storage Pod”:  Mayor Oland reviewed the changes that the Town Attorney, Stanley D. Abrams has suggested. 

Council Member Frank Bennett made the motion to close the record on the Proposed Ordinance to amend  Parking Ordinance #01-04 so as to define the Term “Storage Pod”.

Council Member David Preusch seconded.  Unanimously approved.

Laytonsville Elementary School Building Permit:  A Building Permit application has been received from MCPS to build a portable classroom.  Mayor Oland noted that the portable was within the required set backs.  Mayor Oland noted that MCPS had requested a waiver of the $50.00 fee.

Route 108 Trees:  Mayor Oland introduced Eric Wenger, Town of Laytonsville Tree Committee to lead the discussion regarding Route 108 trees.  Council Member Kris Bradsher noted concerns about Stan Abrams draft letter to the four  property owners.  Council Member Bradsher discussed the letter’s tone/background/transparency; intent; and current state law.  Council Member Bradsher submitted an edited version and requested that version be made part of the record.  Mr. Wenger and Council Member Frank Bennett agreed with Council Member Bradsher’s remarks and noted it was the Town’s intention to acknowledge the existence of historic trees and to make the owner aware of any concern made by the arborist’s review and therefore alleviate any potential liability to the Town. 

Council Member Bradsher will resubmit a final draft letter at the June regular Town Council meeting.

Council Member Preusch noted that the Macris, Hendricks Glascock survey indicated that four trees in discussion were not in the right-of-way.

Local Insurance Government Trust – Loss Control Credit Program:  Mayor Oland noted that the information on this program was distributed at the April 7, 2009 meeting.  He also noted that a 3% credit would be received if the guidelines were implemented. 

Silver Star Banner Day 2009:  Council Member David Preusch researched this program and stated it had been in existence 3-4 years.  Council Member Preusch does not see a reason to come involved in this program.

Complete Lawn Care/Complete Plant Health Care:   Mayor Oland acknowledged Eric and Sheree Wenger for their efforts in improving the Town Hall Lawn.

Town Parade – May 16, 2009:  A letter from the Parade Chair, Charlene Dillingham, was reviewed.  Council Member Elect Dan Prats volunteered to serve as the Town’s Judge for the float competition.

Work Session – May 19, 2009:  The Mayor and Council cancelled the Work Session scheduled for May 19, 2009.

Action: 

Proposed Ordinance to amend Parking Ordinance #01-04 so as to define the Term “Storage Pod”:  Council Member Frank Bennett made the motion to approve the Ordinance as submitted.  Council Member David Preusch seconded.  Unanimously approved.

Laytonsville Elementary School Building Permit:  Council Member Kris Bradsher to approve the MCPS building permit application for Laytonsville Elementary School to build a portable classroom.  Council Member Frank Bennett seconded.  Unanimously approved.

Council Member Frank Bennett made the motion to waive the $50.00 application fee for the MCPS request to building a portable classroom at Laytonsville Elementary School.  Council Member David Preusch seconded.  Unanimously approved.

Local Government Insurance Trust – Loss Control Credit Program:  Council Member Kris Bradsher made the motion to adopt the Loss Control Credit Program through Local Government Insurance Trust.  Council Member Frank Bennett seconded.  Unanimously approved.

Council Member David Preusch made the motion to adopt LGIT’s  Safety Inspection Policy as drafted.  Council Member Frank Bennett seconded.  Unanimously approved.

Council:

Council Member Frank Bennett noted that the USPS might be moved to Olney.  Mayor Oland responded that Craig Zucker from Comptroller Peter Franchot’s office had determined that the Laytonsville Post Office was not scheduled to be closed.

Council Member David Preusch stated that the Route 108 By Pass should be moving forward.  Council Member Preusch will talk to Montgomery County and State representatives.

Citizens:

Phyllis Sterling thanked the meeting for the discussion of the proposed By Pass. 

Mrs. Sterling reminded the meeting the theme of the Parade is “Pride in our Historic Heritage” and the Laytonsville Historical Center has identified five homes on Route 108 that will be noted during the Parade.  Twelve guests representing early families will be in attendance.  The Laytonsville Historical Center will be open from 1:00 – 3:00 p.m. on Parade Day.

Mrs. Sterling is President of the LHC and the Center has applied for and received a grant from MNCP&P to establish a management system for the LHC.  The proposal requires an internet connection and Mrs. Sterling requested another connection through the Town’s Comcast connection for the LHC.  It was agreed to contact Comcast to establish this connection.

Mrs. Sterling discussed the December, 2008 University of Maryland student presentation which produced a video tape.  The cost was $175.00 and Mrs. Sterling requested that the Town consider the approval of this payment .  It was agreed by consensus that the Town would absorb the cost of the video tape.

Mayor Oland noted that the grant requested by the Town for the Miller lots will go before the Board of Public Works the end of June, 2009.

Council Frank Bennett made the motion to adjourn the regular meeting at 9:30 p.m.  Council David Preusch seconded.  Unanimously approved.

Respectfully submitted,

Cathryn D. Buit

Clerk

May 5, 2009

NOTE:  YOU CAN PURCHASE A DVD OF THE TOWN COMMUNITY PARADE.  PLEASE CALL THE TOWN HALL (301) 869-0042.  THE DVD IS $10.00.  PLEASE MAKE YOUR CHECK PAYABLE TO “LAYTONSVILLE LIONS FOUNDATION.”