Meeting minutes of Town Council on June 2, 2009        

As reviewed, approved, and accepted by the Town Council on July 7, 2009

Mayor Oland called the regular Town Council meeting to order at 7:47 p.m.    Council Members Frank Bennett, Kris Bradsher, Jim Ruspi, David Preusch and Council Member-Elect Dan Prats were present.    Town Planner, Stan Benning was present.  The Clerk and the Assistant Treasurer were present.  There were fifteen citizens present. 

The minutes of the regular Town Council Meeting on May 5, 2009 were approved as submitted

Treasurer’s Report:    The Assistant Treasurer reviewed the Profit and Loss Report for the month of May, 2009: total income for the month of May was $2,908.00. Property tax in the amount of $1,619.00 was received; and Permits and Fees in the amount of $530.00 were received.   Major expenses for May, 2009 were $3,139.00 for Waste Collection;  Legal in the amount of $1,881.00;  and Special Projects in the amount of $1,617.00 (parade).  Total net income for the month of May, 2009 was -$10,285.00.  Looking at the Balance Sheet for the month of May, 2009, the fund balance for the general fund is $317,795.00; for the CIP account, the balance is $101,758.00; 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 May, 2009 is $913,492.00 

Council Member Jim Ruspi 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.

Council Member Jim Ruspi inquired about whether the Town was required to use an outside auditor.  Mayor Oland responded that the Town used Lindsay and Associates to prepare the Town’s yearly audit.

Discussion/Action Items:

Loretta E. Knight – Clerk of the Circuit Court:  Mayor Oland introduced Loretta Knight and Ms. Knight performed the swearing-in ceremony for Mayor Charles W. Oland

Laytonsville Communities – Thomas A. Natelli:  Mayor Oland introduced Thomas A. Natelli, Laytonsville Communities, developer of the Fulk’s South subdivision.  Mr. Natelli presented a project update:

• Re-acquainted the Town Council about the Fulk’s South subdivision and reported that the plans were moving through the approval process with Montgomery County for the on-site and off-site work.
• The Route 108/Warfield Road Round-about plan is close to being approved.  Bob Leggieri has met with the four property owners that were requested to dedicate Rights-of-Way.
• The on-site overall grading plan has received approval; the Forest Conservation plan has received approval; the Brink Road widening plan has received approval; lighting has received approval.
• Not yet approved:  stormwater management and sediment control plan.  Laytonsville Communities is working with a property owner to discuss owner’s concerns of the impact to the owner’s property in this regard.
• WSSC impact:  WSSC has requested two items: 1) a main-line extension and 2) a design of the water tower.  Mr. Natelli reported that WSSC needs an easement from Laytonsville Communities to dedicate ground on which the water tower sits.

Mayor Oland inquired if Laytonsville Communities has been funding the project every quarter.  Mr. Natelli responded that they were funding the project each quarter.

Council Member David Preusch remarked that Gary J. Gumm, Chief Engineer from WSSC reported at a Town Council meeting that documents needed to be signed by Laytonsville Communities.  Mr. Natelli responded that deeds to convey the property for the water tower are needed by WSSC.

Council Member Preusch asked that in the current economic environment, would Laytonsville Communities move forward with the subdivision.  Mr. Natelli responded that the project would move forward cautiously and that the economics of this job are not very compelling; nevertheless, they were committed to moving forward.

Council Member Jim Ruspi inquired about a Letter of Credit required by WSSC.  Mr. Natelli responded that a Letter of Credit to pay $3 million of the project was required.  A formal letter from WSSC requesting a Letter of Credit is required. 

Mayor Oland requested a copy of the document setting forth this requirement.  Mr. Natelli responded that it is a public document and would send a copy.

Mayor Oland requested comments from the citizens:

Mrs. Phyllis Sterling noted that Ms. Ramona Davis, the Project Manager from WSSC was present.

Ms. Davis updated the meeting regarding the three phases of the project:

• Pumping Station
• Water Tank
• Pipeline

Ms. Davis noted that there was a Memorandum of Understanding between WSSC and Laytonsville Communities.  The first phase going into construction states that a Letter of Agreement must be sent by WSSC to the developer requesting a Letter of Credit for $3 million.   Ms. Davis noted that the in October, 2009 bids should be requested for this project; in January, 2010, bids would be awarded and in February, 2010 there would be a notice to proceed.

Mayor Oland noted that the developer is not responsible for supplying water to individual Town residents.

Mr. Natelli noted that Laytonsville Communities has not recorded the subdivision.  Ms. Davis noted that on 4-20-09 a copy of the deed request and a letter was hand-delivered to Laytonsville Communities.

Ms. Davis reported that not all Town residents had signed rights-of-way.  Of 17 rights-of-way, only  1 homeowner had signed.  Ms. Davis noted that Paul Gray will prepare a list of Town residents who have not signed rights-of-way.

Mayor Oland requested a listing of the dates of any WSSC public meetings and a list of individual mailings to individual property owners.  Council Member Bradsher requested a list of those WSSC officials who attended these meetings.

Council Member Kris Bradsher noted that the WSSC mailings were not clearly informative; she had received one phone call from WSSC and called back and did not receive a return call. 

Council Member Jim Ruspi questioned the 17 rights-of-way and the fact the only one property owner had signed.

Margaret Pollock stated that she has not signed the easement and had questions:  a large tree located to the side of their house poses concerns; their house has a very old foundation and she is concerned about the risk.  It was pointed out the at the Town Council meeting of April 7, 2009 and May 5, 2009 the foundation issues were discussed.

Mayor Oland noted that Council Member-Elect Dan Prats was working on both questions that Mrs. Pollock posed and would get back to her.

Mrs. Phyllis Sterling questioned whether the required easements were a requirement of Phase 1 or Phase 2 of the WSSC project.  Ms. Davis responded that the easements are required for the whole project.

Ms. Davis further noted that if a resident does not hook up in this initial phase, the hook-up will be full price after the installation of the main line. 

Fence Building Permit – Lot 12, Rolling Ridge:  Mayor Oland noted that a building permit had not been submitted and the homeowner was not in attendance that evening.

Town Parade – May 16, 2009:  Mayor Oland noted that over 29 individuals actively participated in the planning and day-of Parade activities to include the Boy Scouts, the Laytonsville Historical Center, the Laytonsville Volunteer Fire Department, the Laytonsville Elementary School, the Laytonsville Woman’s Club.  It was an excellent turn-out and Mayor Oland acknowledged Charlene Dillingham and Charles Kearse for their efforts.  Mayor Oland requested that next year the Town Council take a more active role in the planning process for the parade.

Route 108 Tree Draft Letter:  Council Member Kris Bradsher submitted a draft letter for the Council’s consideration.

Resolution to Establish the Compensation for Employees of the Town:  Mayor Oland discussed the draft Resolution No. R-07-09 to reflect an 8% increase.

Ordinance to Adopt the Town Budget:  Mayor Oland introduced the draft Ordinance No. 03-09 to adopt the Town Budget for the fiscal year July 1, 2009 through June 30, 2010 and to levy an ad valorem tax on all assessable property within the Town.

Work Session – June 16, 2009:  The Mayor and Council will hold a Work Session on June 16, 2009 to further discuss WSSC water project issues.

Appointments:  Mayor Oland submitted the following appointments:

            Legal Counsel – Stanley D. Abrams, Esq.

            Engineer – Macris, Hendricks and Glascock and Robert H. Vogel Engineering

            Town Planner – Stanley O. Benning

            Audit Firm – Lindsay and Associates

            Clerk – Cathryn D. Buit

            Treasurer – Christine Wilkinson

            Assistant Treasurer – Brad Taulbee

            Board of Appeals Members – Re-appoint Joseph Sladki, Jacob J. Cecere

            Historic District Commission – Re-appoint Michele Shortley; Jill Ruspi

            Tree Committee – Eric Wenger, Paul Foster, Richard Potcner

            Code Enforcement Officer – Michael T. Ryan

            Reforestation Consultant – Benning & Associates

Mayor Oland also noted that the Vice President of the Town Council could be appointed at this meeting or at the July regular Town Council meeting.

Filing Fees – 2009-2010:  Mayor Oland discussed the 2009-2010 Filing Fee schedule and noted that the only change was the addition of a $50.00 fee for Storage Pod application and the Special Exception application – Commercial/CH is $500 plus cost.

Mayor Oland closed the record for the Public Hearing to consider the 2009-2010 Budget Amendments.

Safety Inspector:  Mayor Oland noted that Council Member Jim Ruspi should be appointed the Town’s Safety Inspector for the period June 30 through September 30, 2009.

Mayor Oland noted that the Town participates in the purchase of renewable energy (wind power) and had received a Certificate.

Action: 

Rolling Ridge Subdivision, Lots 5, 6 and 12:  Mayor Oland discussed the multiple zonings on Lot 12 and the need to have the Historic District Commission’s review authority on the lots that impact the historic Rolling Ridge house.  Council Member Jim Ruspi (motion read by Council Member David Preusch) made the motion to affirm that Lots 6 and 12 in the subdivision known as “Rolling Ridge” include the recommendations of the Historic District Commission submitted at Public Hearing on April 4, 2006 and also to include the Historic District review authority for Lots 5, 6, and 12 under Section 127 (Section 127.03) of the Town’s Zoning Ordinance.

Mayor Oland seconded.

Discussion included a review of the 30’ easement on Lot 12;  an expansion of the Historic District; and a discussion of Homeowner Association requirements; and a documentation and review requirement.

It was recommended that this motion be tabled until the July 7, 2009 regular Town Council meeting.

Route 108 Tree Letter:  Council Member Jim Ruspi moved to approve the drafted Route 108 tree letter prepared by Council Member Kris Bradsher.  Council Member David Preusch seconded.  Unanimously approved.

Resolution to establish the Compensation for Employees of the Town:  Council Member David Preusch made the motion to adopt the Resolution to establish the compensation for employees of the Town for the period of July 1, 2009 through June 30, 2010 to reflect an 8% increase.   Council Member Jim Ruspi seconded.  Unanimously approved.

Appointments:  Council Member David Preusch made the motion to approve the Appointments as submitted.  Council Member Jim Ruspi seconded.  Unanimously approved.

Filing Fee Schedule:  Council Member Kris Bradsher made the motion to approve the Filing Fee Schedule for the 2009-2010 year with the two adjustments noted.  Council Member Jim Ruspi seconded.  Unanimously approved.

Safety Inspector:  Council Member Kris Bradsher made the motion to appoint Council Member Jim Ruspi as The Town Safety Inspector for the quarter June 30 through September 30, 2009.  Council Member David Preusch seconded.  Unanimously approved.

Amended 2009-2010 Budget:  Council Member Jim Ruspi made the motion to adopt the Amended 2009-2010 Budget as presented.  Council Member David Preusch seconded.  Unanimously approved.

Council:

Council Member Kris Bradsher noted that Charles Bradsher may return in mid-July.

Citizens:

Mrs. Margaret Pollock questioned whether the Town had determined to review and approve the house designs for the Laytonsville Communities subdivision.  Mayor Oland responded that the house designs had not been presented as of yet; but that the Town Council will approve the designs and the HDC will approve those designs within the Historic District.

Mrs. Phyllis Sterling noted that Rolling Ridge (historic house) is a very significant property in this County and in the State and whatever the Town can do to maintain any impact on the historic house should be considered.  It was her recommendation that the Rolling Ridge subdivision be included in the Comprehensive Plan.

Mrs. Jill Ruspi noted that the HDC had been on a field trip to review many historic homes and saw that many were not protected.  It would be important to preserve the historic aspects of Rolling Ridge.

Mrs. Sheree Wenger noted that during the Rolling Ridge annexation, preservationists had prepared reports regarding the historic house and the 25 acre setting.

Council Member Ruspi requested that the discussion of Lot 12 in the Rolling Ridge subdivision include the HDC representative and be included in the Work Session on June 16.

Mr. Bill Harvey addressed the meeting with concerns regarding his property, an adjoining property owner with Laytonsville Communities, and the re-directing of water flow across his property.  Mr. Harvey also discussed the re-location of the proposed Route 108 By pass; the Town’s Zoning Map and the preliminary subdivision plan submitted by Laytonsville Communities.

Stan Benning noted that the By pass was dependent on what happens with the adjacent property.   

Mr. Chuck Mohr (7420 Brink Road) inquired about further discussion re the By-pass.

Mayor Oland responded that the only discussion was as it pertains to the Laytonsville Communities property and that the Town was No. 13 on the Montgomery County waiting list for funding.  Mayor Oland noted that if the State of Maryland builds the By-pass, the By-pass will go where the State Highway Administration thinks it is the most feasible route.

Mayor Oland suggested that Mr. Harvey meet with the Town’s Land Planner and Council Member-Elect Dan Prats.

Mrs. Pollock questioned whether the Town had been doing any advocacy regarding the By-pass.  Mayor Oland noted that the Town had been advocating the By-pass since 1985 with State and County representatives.

Ms. Pam Saul stated that she is a representative from Senator Rona Kramer’s office and was available for any questions or assistance the Town’s residents might need.

Mayor Oland presented a Certificate of Appreciation for Council Member Frank Bennett’s 26 years as a Council Member.

Council Member Jim Ruspi made the motion to adjourn the regular meeting at 9:30 p.m.  Council Member Kris Bradsher seconded.  Unanimously approved.

Respectfully submitted,

Cathryn D. Buit

Clerk

June 2  2009

NOTES: 

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.”

THE FIFTH DISTRICT MONTGOMERY POLICE STATION IN GERMANTOWN IS LOOKING FOR A VOLUNTEER REPRESENTATIVE FOR THE TOWN OF LAYTONSVILLE.  PLEASE CALL THE TOWN HALL (301) 869-0042 IF YOU ARE INTERESTED.

IF YOU ARE INTERESTED IN OBTAINING STUDENT SERVICE HOURS, PLEASE CONTACT THE TOWN HALL.  LIGHT WEEDING IS NEEDED IN THE FLOWER BEDS AT THE TOWN HALL.