Meeting minutes of Town Council on November 3, 2009        

As reviewed, approved, and accepted by the Town Council on December 1, 2009

 

Mayor Oland called the regular Town Council meeting to order at 7:31 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 October 6, 2009 were approved as submitted.  The minutes of the Public Hearing to consider an amendment to Section 118 of the Town Zoning Ordinance were approved as submitted.  The minutes of the Public Hearing to consider an amendment to Section 119 of the Town Zoning Ordinance were approved as submitted.

Treasurer’s Report:   Mayor Oland reviewed the Profit and Loss Report for the month of October, 2009: total income for the month of October was $7,354.00.  Income tax in the amount of $6,544.00 was received.   Major expenses for October, 2009 were $3,237.00 for Waste Collection (includes bulk pickup); Grounds maintenance in the amount of 3,075.00; and Payroll in the amount of $1,322.00.  Total net income for the month of October, 2009 was -$7,759.00.  Looking at the Balance Sheet for the month of October, 2009, the fund balance for the general fund is $321,743.00; for the CIP account, the balance is $108,299.00; 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 October, 2009 is $919,458.00

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

Discussion/Action:

Proposed Amendment to Section 118 of the Town Zoning Ordinance:  Mayor Oland noted that the hearing was on October 6, 2009 and he asked if there was any further testimony.  There was no further testimony.  Council Member Jim Ruspi moved to close the record on the hearing to consider the proposed amendment to Section 118 of the Town Zoning Ordinance.  Council Member Charles Bradsher seconded.  Unanimously approved.  Mayor Oland recommended that the Council consider the Board of Appeals request to delete Section 118 (e) of the proposed Ordinance.

Proposed Amendment to Section 119 of the Town Zoning Ordinance: 

Mayor Oland noted that the hearing was on October 6, 2009 and he asked if there was any further testimony.  There was no further testimony.  Council Member Dan Prats moved to close the record on the hearing to consider the proposed amendment to Section 119 of the Town Zoning Ordinance.  Council Member Jim Ruspi seconded.  Unanimously approved.  Mayor Oland recommended that the addition of language submitted by Council Member Jim Ruspi and prepared by Counsel Stan Abrams be included as Section 119 (a) 1:                          An applicant may amend an application before the hearing if the Board approves a motion to amend after giving ten (10) days notice to all parties entitled to original notice of filing.  If an amendment would materially alter an applicant’s proposal or evidence, the Board may postpone the hearing to a date that permits all interested parties adequate time to review the amendment.  Nothing in this section prohibits the Board, during the hearing or at any time before the record is closed, from requesting an applicant to revise any aspect of a proposal.

Rolling Ridge Lane Stormwater Management Easement:  Mayor Oland noted that the east side of Rolling Ridge Lane swale belongs to the Town of Laytonsville; and the west side belongs to individuals (lots 3 and 4 and 5).  Mayor Oland has notified Mike Bingley regarding the homeowners should be notified.  If Mr. Bingley does not follow through, then the Town will notify the owners of Lots 3 and 4 to obtain easements to transfer structural maintenance responsibility to Montgomery County Department of Environmental Protection for the western swale.

Goshen Enterprises Proposal Re:  Rolling Ridge Pond:  Mayor Oland reviewed the proposal in the amount of: $2,195.00 to remove plastic and fabric near the pond; to clear fence line; and to cut vegetation.

Declaration of Covenants – Miller Lots:  Mayor Oland reported that Covenants have been prepared by Counsel Stanley D. Abrams with specific language to satisfy Program Open Space regarding Paragraph 5-906 (e) (7).

Response from Senator Rona Kramer’s Office:  In a letter dated October 13, 2009 from Senator Kramer’s office, it was noted that there are two crisis/suicide hotlines in Montgomery County.  The first is run by the Montgomery County Department of Health & Human Services and can be reached at (240) 777-4000.  The second is run by the Mental Health Association of Montgomery County and can be reached at (301) 738-2255; the Teen Crisis Hotline is (301) 738-9697.

Town Picnic:  Mayor Oland reported that a check in the amount of $3,820.00 will be sent to St. John Neumann Church for the benefit of the El Alemndro Clinic in El Salvador.

Tree Lighting:  The annual Tree Lighting will be on December 12, 2009 at 6:30 p.m. at the Town Hall and is sponsored by the Town, Laytonsville VFD, Laytonsville Elementary School, Lions and the Scouts.

Complete Lawn Care:  Mayor Oland thanked the Wengers for treating the Town Hall lawn.

Work Session – November 17, 2009:  The Work Session was cancelled.

Action: 

Proposed Amendment to Section 118 of the Town Zoning Ordinance

Council Member Jim Ruspi made the motion to approve the text amendment for the Proposed Amendment to Section 118 and to eliminate Section 118 (e).  Council Member David Preusch seconded.  Unanimously approved.

Proposed Amendment to Section 119 of the Town Zoning Ordinance

Council Member David Preusch made the motion to approve the text amendment for the Proposed Amendment to Section 119 to include the Town Counsel’s language for Section 119 (a) 1.  Council Member Dan Prats seconded.  Unanimously approved.

Rolling Ridge Lane Stormwater Management Easement:  Council Member Dan Prats made the motion to approve the Stormwater Management Easement as submitted by Counsel Stanley D. Abrams to transfer structural maintenance responsibility to Montgomery County Department of Environmental Protection for the eastern swale.  Council Member Jim Ruspi seconded. Unanimously approved.

Goshen Enterprises Proposal Re:  Rolling Ridge Pond:  Council Member David Preusch made the motion to approve the proposal from Goshen Enterprises in the amount of $2,195 to maintain the Rolling Ridge pond area.  Council Member Dan Prats seconded.  Unanimously approved.

Declaration of Covenants – Miller Lots:  Council Member David Preusch made the motion to approve the Covenants prepared by Stanley D. Abrams for Lots 1 and 2 (Miller Lots) to comply with Maryland Department of Natural Resources.  Council Member Charles Bradsher seconded.  Unanimously approved.

Council:

 

Citizens:

Josh Pomeroy recommended a gate be put in the fence at St. Paul Methodist Church to provide a walkway into the cemetery.   Mayor Oland will talk to Mike Bingley regarding access from Lot 9 in the Rolling Ridge subdivision.

A resident inquired into the mosquito control at Rolling Ridge pond.  Council Member David Preusch will investigate.

 

Council Member Jim Ruspi made the motion to adjourn the regular meeting at 8:23 p.m.  Council Member Charles Bradsher seconded.  Unanimously approved.

Respectfully submitted,

 

Cathryn D. Buit

Clerk

November 3, 2009

 

 

 

CHRISTMAS TREES MAY BE PLACED CURBSIDE EVERY MONDAY IN JANUARY FOR PICK UP.  PLEASE REMOVE GARLAND, DECORATIONS, TINSEL, ETC. AND PLACE AT CURBSIDE BY 6: 30 A.M.

 

IF YOU ARE INTERESTED IN BEING AN ELECTION JUDGE FOR THE TOWN ELECTIONS ON MAY 3, 2010 PLEASE CONTACT THE TOWN HALL (301) 869-0042.