Meeting minutes of Town Council on October 6, 2009        

As reviewed, approved, and accepted by the Town Council on November 3, 2009

Mayor Oland called the regular Town Council meeting to order at 7:39 p.m.    Council Members Jim Ruspi, David Preusch, Charles Bradsher and Dan Prats were present.     The Clerk was present.  There were four citizens present. 

The minutes of the regular Town Council Meeting on September 1, 2009 were approved as submitted. 

Treasurer’s Report:   Mayor Oland reviewed the Profit and Loss Report for the month of September, 2009: total income for the month of September was $19,128.00.  Real property taxes in the amount of $13,677 was received.   Major expenses for September, 2009 were $2,832.00 for Waste Collection; Grounds maintenance in the amount of $1,377.00;  and Payroll in the amount of $2,550.00.  Total net income for the month of September 2009 was $7,227.00.  Looking at the Balance Sheet for the month of September, 2009, the fund balance for the general fund is $327,568.00; for the CIP account, the balance is $108,268.00; 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 September, 2009 is $924,977.00

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

Discussion/Action:

Senator Rona Kramer:  Mayor Oland introduced Senator Rona Kramer.  Senator Kramer provided a legislative update:

• Expenditures are pushing up against income for everyone
• The State of Maryland had stimulus money to work with this last year.  It is important to not create a larger infrastructure going forward.

• Bills submitted this session focused on the protection of senior citizens (regulations and penalties for financial mis-management)
• The Silver Program is an assistive plan for senior citizens or cognitively-impaired individuals who wander
• High school students can receive text messages and emails from police for lost  or endangered children
• Legislation that creates a new crime “undue influence” against people who take advantage of senior citizens
• Governor proposed to repeal the death penalty; bill created a tighter death penalty law

Council Member Jim Ruspi noted that at the Council meeting last month, Highway User Revenue funds were cut by 90%.  Senator Kramer stated that the cuts were from the Board of Public Works.

Mayor Oland thanked Senator Kramer.

Proposed Amendment to Section 118 of the Town Zoning Ordinance:  Mayor Oland reviewed the points:  The Proposed Zoning Text Amendment to Section 118 of the Town Ordinance would consider:

(1)      Revise the standards applicable to consideration of the approval of special exception uses; and

(2)       To allow the Board of Appeals to impose reasonable conditions on the grant of a special exception with respect to the height, bulk and scale of buildings and structures, setbacks thereof and location of parking facilities associated with the use; and

(3)       Authorize the Board of Appeals to grant an extension to the time period   for implementation of a special exception use; and

(4)      Address revocation of special exceptions; and

(5)      Address transfer of special exceptions

Mayor Oland reviewed the letter received from the Board of Appeals and submitted at the Public Hearing 10-6-09.  Mayor Oland agrees with the Board of Appeals that Section 118 (e) should be deleted. 

Proposed Amendment to Section 119 of the Town Zoning Ordinance:  Mayor Oland reviewed the points:  A Zoning Text Amendment to Section 119 of the Town Zoning Ordinance to revise the content, materials and information to be submitted with any application or petition for variance or approval of a special exception use to be considered by the Town Board of Appeals.  Council Member Jim Ruspi noted that his comments as submitted for the Public Hearing record addressed restricting amendments to a Special Exception application once it had been submitted.

         The record on both Public Hearings will be held open until November 3, 2009.

Rolling Ridge Stormwater Management Easement:  Mayor Oland discussed the filtration systems in the ditches on Rolling Ridge Lane.  Mayor Oland has been working with Montgomery County to assume responsibility for the Stormwater Management.  The Town has received documents to transfer the approximately 24’ Right of Way for Stormwater Management to Montgomery County for the right-hand side of Rolling Ridge Lane.

J.B. Kline 2009-2010 Snow Removal Contract:  Mayor Oland noted that the only change in this year’s contract was that sidewalk treatment had increased from $250 to $300.

Appoint Safety Inspector  -  October 2 – December 31, 2009:  Mayor Oland noted that Dan Prats had volunteered to be the Safety Inspector.  Mayor Oland reviewed the Safety Inspection report from Council Member Jim Ruspi for the period 6-30-09 through 9-30-09.

Town Picnic:  Mayor Oland noted that approximately 300 people attended.  Once again, Jim O’Hair coordinated a very successful picnic.

WSSC Update:  Mayor Oland has a meeting on 10-7-09 with WSSC officials.  Mayor Oland distributed a copy of WSSC’s Work Session/Award Meeting dated 9-23-09.  Copies of the WSSC email from K. McGinnis dated 10-01-09 were distributed to residents the week of 10-5-09. 

Work Session:  The Work Session scheduled for 10-20-09 has been cancelled.

Goshen Enterprises – Town Hall replacement trees:  Mayor Oland noted that several trees had been removed on the Town Hall property at the suggestion of the arborist.  Goshen Enterprises submitted a quote in the amount of $985 to furnish and install 1 Adirondack Crabapple, 1 Brandywine Maple and 1 Valley Forge Elm.

St. Paul United Methodist Church :  Mayor Oland noted that St. Paul volunteers will continue to remove trash on Route 108 through Town.  He thanked then for their efforts.

Action: 

J.B. Kline 20909-2010 Snow Removal Contract:  Council Member Jim Ruspi made the motion to approve the 2009-2010 Snow Removal Contract submitted by J.B. Kline.  Council Member Dan Prats seconded.  Unanimously approved.

Safety Inspector – October 1 – December 31, 2009:  Mayor Oland made the motion to appoint Council Member Dan Prats as the Town’s Safety Inspector for the period October 1 – December 31, 2009.  Council Member David Preusch seconded.  Unanimously approved.

Goshen Enterprises – Town Hall Trees:  Council Member Jim Ruspi made the motion to accept the proposal in the amount of $985.00 to furnish and install 1 Adirondack Crabapple, 1 Brandywine Maple and 1 Valley Forge Elm.  Council Member Dan Prats seconded.  Unanimously approved.

Council:

Citizens:

Mr. Bill Harvey, 7120 Brink Road, stated that once again he would like to request that the Town Council address the Right of Way with respect to the proposed Route 108 By Pass.    Mr. Harvey noted that in the Fulks South preliminary plan that has been approved, a 150’ right of way and a curved road almost bisects his property. 

Council Member David Preusch asked Mr. Harvey if meetings with the developer had stalled.  Mr. Harvey responded the meetings have “tumbled.” 

Mayor Oland noted that in 1990 the proposed southwestern  By Pass was reflected on the upper portion of Mr. Harvey’s property.  Mr. Mills (then current owner) requested that the route be lowered and the State Highway Administration requested the route show curves to reduce speed concerns; the route was lowered on the Land Use and Zoning Maps.

Council Member David Preusch noted that the Proposed southwestern  By Pass on the Zoning Map had not been engineered and is a concept design. 

Mayor Oland noted that the Town has no authority over the stormwater management of any property in the Town.  The Town Council approved the Fulks South preliminary plan without an approved stormwater management plan on March  1, 2005;  the preliminary plan does contain some preliminary stormwater management information; plans are not final until they are recorded.

Eric Wenger noted that the Town does not have the power to negotiate;  the issue lies with the developer, the State and Montgomery County. 

Council Member Jim Ruspi noted that the Town does not have the authority or the power to request the changes Mr. Harvey requested.  There are engineering problems that need to be resolved.

Mr. Harvey stated that he had recently hired engineers.  He also stated he would be agreeable to a third party arbitration.

Mayor Oland noted that the sub-division plan for Fulks South was approved in 1990 before the annexation of the Jones Farm property to the north so, it is not very likely that the State of Maryland would construct a road at the top of the plume that Mr. Harvey had been discussing and where established homes exist.

Council Member David Preusch stated that he wanted to see the proposed By Pass go through.

Mr. Harvey stated that he understands that; and that he understands the reasons for the proposed By Pass and did not argue against the By Pass from the beginning.  He further stated that he agreed to that when he bought his property, but now it was a different situation.

Eric Wenger stated that the State of Maryland will determine the final engineering of the proposed Route 108 By Pass.

Mr. Harvey stated that he will have his engineers look at plans in an attempt to resolve the situation. 

 Council Member David Preusch made the motion to adjourn the regular meeting at 9:45 p.m.  Council Member Jim Ruspi seconded.  Unanimously approved.

Respectfully submitted,

Cathryn D. Buit

Clerk

October 6, 2009

NOTE:  WSSC’s Transmission, Recirculation and Distribution Mains for the Town of Laytonsville’s Water project are available on display at the Town Hall during business hours, Tuesdays and Thursdays, 11:00 a.m. until 1:00 p.m.

NOTE:   We have cassette tapes available from Choo Choo Charlie Williams and Baltimore Red Jones “Gutbucket Blues” at the Town Hall.  Please call Cathy Buit (301) 869-0042.