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8 December 2009 | Approved: 12 January 2009

Mayor Anderson called the regular meeting of the Town Council to order at 7:50 p.m. In attendance were Councilors Charlie Challstrom, Joe Clark, Georgette Cole, and Kathie Evans. Also present were Treasurer Mary Challstrom and Town residents David Neumann, Ed Roberts, Bruce Rothrock, and John Tomlin.

Approval of the Agenda

Joe Clark moved, Georgette Cole seconded that the Agenda for December 8, 2008 be approved. Vote: 4-0.

Public Appearances

Kathy Lehman asked for a response to a November memo concerning the connection of the home to the garage at 103 Brown Street. She asked when the memo would be addressed by the Mayor and Council.

Ed Roberts wanted to discuss the role of the Historic Preservation Commission in the approval of plans and exactly when this issue could be addressed. He went on to state that discussing this important issue at meetings where there were no public appearances presented a problem for him. The problem for him was that people would be locked out. A discussion ensued. Mayor Anderson stated that residents will have to decide about the HPC’s role in the process. Perhaps a Special Town Meeting could be called by petition. John Tomlin cautioned Mr. Roberts not to confuse a public appearance with an agenda item. He went on to say that no one is ever locked out of a discussion.

Approval of Minutes

Georgette Cole moved, Charlie Challstrom seconded that the Town Council minutes of November 10, 2008 be approved with one (1) correction. Vote: 4-0.
Georgette Cole moved, Charlie Challstrom seconded that the Town Council minutes of November 24, 2008 be approved. Vote: 4-0.

Treasurer’s Report

Georgette Cole moved, Kathie Evans seconded that the Treasurer’s report for November 2008 be accepted. There was a brief discussion about income and additional funds needed for legal expenses. Mayor Anderson stated that the legal expenses should slow down after the hearing on December 9th. Vote: 4-0.

Maintenance Report

Jim Fletcher submitted a written maintenance report. Kathie Evans expressed concern that the new trees were no longer being watered. Georgette Cole explained that only two (2) of the newly planted trees were currently being watered because the others had gone dormant and didn’t need it. The watering would cease in December and then start again in early spring. John Tomlin asked if the “bump” signs on Ridge Road could be fixed. Georgette Cole stated that Jim would be replacing the bent metal posts with 4 X 4 wooden posts. Other items mentioned were; blowing the leaves out of the swales at the intersections and throughout Town, the drains on Washington Grove Lane (County responsibility), and a winter list for Jim. Mayor Anderson stated that he had a draft winter list. Bruce Rothrock stated that the list should be broken into items that should be done regularly and other items that specifically need attention. Charlie Challstrom asked about the rebar pieces that have been placed at intersections as a guide for the snow plows. He stated that they were not very visible and wondered if they could be marked with paint or tape. A discussion ensued.

Acceptance of the Audit Report FY 2008

Treasurer Mary Challstrom asked if there were any questions. Georgette Cole moved to accept the financial audit report of June 30, 2008. Joe Clark seconded the motion. Charlie Challstrom reminded the Council about the existence of the Town Audit Committee (Ernie Kawasaki, John Klinger & Carolyn Sanford).

Introduction of Ordinance 2008-09; Master Plan Ordinance

Mayor Anderson reported that the language in the Master Plan about the Legacy Open Space property is inconsistent with the current Town position. He went on to say that Town Attorney Bill Roberts is concerned. A discussion ensued. The Mayor and Council agreed that all changes to the document should be approved by the Planning Commission and that Bill Roberts should review the document. Charlie Challstrom suggested that joint meeting of the Planning Commission and the Town Council might be in order.

Charlie Challstrom moved to introduce Ordinance No. 2008-09 and to set the date for the public hearing. Georgette Cole seconded the motion. Vote: 4-0. The date for the public hearing was set for January 26, 2009 at 7:00PM. Joe Clark thanked the Planning Commission for their work on this project.

Johnson Alley Guardrail Update

Mayor Anderson gave a brief history. He went on to say that he had talked to Sarah Steel (411 Grove. Ave.) about the removal of the old guardrail and the installation of the new one. Darrell said that she agreed to everything and also asked the Town to put gravel down at the end of her driveway in order to eliminate a large drop. There was a brief discussion about adding poles to the corners of 410 Fourth Avenue. David Neumann stated that Johnson Alley is not safe. He also said that if the Town has, in fact, taken a piece of Sarah Steel’s property, then she must be compensated and the land must be condemned. David believes that a written agreement that deeds over the land in exchange for the guardrail is in order. He also stated that if the Town can condemn the LOS field that they should be able to condemn Mr. Bell’s property. In addition, he believes that this is a perfect opportunity to straighten out a long-standing problem. There was further discussion which included; priority for the guardrail and straightening out the other issues later, ownership of the land, easements, public use precedents, liability, a letter of agreement, and the problem of the Rothrock/Banachowski (407 Acorn Lane) ownership issue that still exists. Charlie Challstrom offered to draft a letter to the Montgomery County Assessment Office on behalf of the owners of 407 Acorn Lane. Mayor Anderson said that he would have Jim get the new guardrail installed ASAP.

Mayor’s Announcements

L.O.S. Condemnation Update: Mayor Anderson reported that the attorneys are very ready for the hearing on the 9th. The hearing can be viewed in the evening. Darrell will send the link to everyone. Joe Clark asked the Mayor to do another update, particularly the financial picture, for the January Town Bulletin.
There was nothing new to report concerning the Deer Park Bridge or Casey 6 & 7.

New Business

Kathie Evans brought up the “For Rent” sign that she recently saw at 104 Maple. There was a brief discussion.

The meeting was adjourned at 9:12 p.m.

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