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16 October 2006 | Approved: 13 November 2006

Mayor John Compton called the regular meeting of the Town Council to order at 7:36 p.m. In attendance were Councilors Darrell Anderson, Linda Baim, Georgette Cole, Kathie Evans, Betsy Klinger, and David Stopak. Also present were; Maintenance Supervisor Jim Fletcher, Treasurer Mary Challstrom, Paula Puglisi, Brett Menge, Rachael Stockhousen, Ann Philips Henry Mergner, Mimi Styles, Bill Tenney, Deborah Mehlferber, David Neumann, George Paine, Bruce Rothrock and Chuck Kershaw.

Public Appearances

David Neumann requested that the Mayor and Council look into having all Resolutions posted to the website. He suggested that the Town Archivist help with this project. The Mayor and Council were receptive to the idea. Kathie Evans will talk to Bill Saar.

Approval of Minutes

Darrell Anderson moved, Linda Baim seconded that the Town Council minutes of September 11, 2006 be approved as amended. Vote: 6-0.

Maintenance Report

Jim Fletcher presented the Maintenance Report. David Stopak commented that the Woodward Park drainage ditch looked good. Jim reported that the gully between Railroad Street and Brown Street had been cleared. He also reported that the water seems to back up towards the Town because the drain pipe under Railroad Street is higher than the area that collects the water. Water will not drain from this area until it gets high enough to go through the pipe. There was a discussion about asking DPWT to lower the pipe under Railroad Street and about back filling the area in question. Georgette Cole and Jim Fletcher will pursue the options. Jim Fletcher also brought up the fallen light on Brown Street extended and expressed the opinion that the light was in a bad location. Bruce Rothrock expressed the opinion that the repairs done in August were faulty. He checked the welds and they looked bad. David Stopak was unable to reach the effected residents by phone. All believe that moving the light post would be the best solution.

Treasurer’s Report

Darrell Anderson moved, David Stopak seconded, that the Treasurer’s report for September be accepted. Vote: 6-0.

Deer Hunter Petition

Deborah Mehlferber stated that she was opposed to the Council’s recent decision to allow a bow hunter to retrieve a wounded deer from Town woods. She believes that this “permission to hunt” is a direct contradiction to the Town no hunting ordinance. Georgette Cole stated that Mr. Swogger (the deer hunter) was not able to get the required permission from his neighbors so there may be no problem after all. There was a lengthy debate and discussion about the Dept. of Natural Resources requirements, hunting by bow, humane interests, giving permission to hunt, the amount of research done before permission was granted, asking the Town attorney for advice, hunting in the Casey Field and safety. David Stopak stated that enough people were uncomfortable with the decision and that the permission should be rescinded.

David Stopak moved to rescind the permission given to Mr. Swogger to retrieve wounded deer from the East woods should they run on to Town land after being shot. Linda Baim seconded the motion. More discussion about enforcement and responsibility… Paula Puglisi thanked the Mayor and Council for the thoughtful debate and discussion. Vote: 5 for, 1 abstention.

Mayor Compton talked about the Special Town Meeting and explained when it is and when it isn’t an effective tool. He also urged residents to contact the Mayor and Council and to attend Council meetings when issues arise.

Council Reports

Planning Commission

Darrell Anderson reported that the PC welcomed new alternate Joe Clark to their September meeting. Charlie Challstrom gave a Master Plan update and reminded the PC of the work session requirement. The Commissioners will study the preliminary draft and schedule dates for two (2) work sessions at the October meeting. Darrell also reported that the PC finds that the new definition of Accessory Building passed in Ordinance #2005-07 is missing the word “roof” which is an important part of the definition. The Town Council should discuss this problem. Building permits were issued for:

  • 419 4th Avenue – shed
  • 121 Chestnut Ave – replacement fence
  • 213 Ridge Rd. – fence
  • 342 Ridge Rd. – addition

Intergovernmental

Darrell Anderson reported that he would attend the MML meeting rescheduled for the end of October.

Maple Lake

Linda Baim reported that the Lake Committee met with two (2) officers from the Montgomery County Police Department to discuss issues at the lake including; vandalism, trespassing, safety for lifeguards, danger of unaccompanied, non-resident minors, and harassment of the lifeguards & residents by non-residents. MCPD provided members with suggestions and recommendations (see attached report).

Forestry & Beautification

Georgette Cole reported that 60% of the reforestation budget monies were used at Stadler Nursery on September 15th. The new trees will be planted in October and November.

Roads & Walkways

Georgette Cole reported that the implementation of speed humps has been delayed in order to give residents more time to comment on the subject. A Special Town Meeting has been scheduled for October 23, 2006.

Contracts

Town Clerk Kathy Lehman, reporting for Kathie Evans, stated that the leaf contract renewal letter had been fully executed and that US Lawns will begin leaf pickup on or about November 1, 2006. The Clerk has also been in touch with snow removal contractor Mike Uzzo from Lion Landscaping who says that the contract is on its way.

Recreation

Betsy Klinger reported that the ballroom dancing lessons for elementary children and teens went very well. There is new interest in adult lessons. Betsy also reported that the Recreation Committee met on September 27th where they discussed up-coming holiday events and a spring ’07 Art Show in McCathran Hall to be organized by Jim Fletcher, Jerry Ruley, and Ken Ruback.

Safety

Betsy Klinger reported that the pedestrian crosswalk signs on Washington Grove Lane were not yet installed. She also reported that she arranged and attended the meeting with MCPD and the Lake Committee members. There were only two (2) Neighborhood Watch incidents in September. They were both stray/loose dog issues.

Maintenance

See Maintenance Report.

Historic Preservation Commission

David Stopak reported that the HPC reviewed two (2) permit applications; 342 Ridge Rd. addition and 315 Grove Ave. addition. The HPC also discussed a possible response to the State Highway Administration concerning the ICC and they reviewed the contents of Section 8 of the Town’s Master Plan.

Mayor’s Announcements

  • Casey Field: Mayor Compton reviewed the status of the current site plan. He also expressed the opinion that letters to Park & Planning about the problems with the site plan and about lower Ridge Road are in order. The Clerk will put something in the next Town Bulletin.
  • Condemnation: Mayor Compton explained the requirements for closing a Council meeting to the public. He also gave a brief review of the events leading to the condemnation in order to update the residents who were in attendance. A discussion about legal expenses and liability ensued.

David Stopak moved to go into Executive Session. Darrell Anderson seconded the motion. Vote: 6-0. 10:00 p.m.
Darrell Anderson move to close the Executive Session. Betsy Klinger seconded the motion. Vote: 6-0. 10:48 p.m.

Discussion and consideration of adoption of ZTA 2006-03 and Ordinance No. 2006-04

There was a discussion about the number of lots and flexibility that the proposed ordinance and ZTA would allow. David Stopak urged them Council not to rush into this. Betsy Klinger provided some additional language for changes in question. The Mayor and Council will review the language and consider a vote at the next meeting.

Linda Baim moved to adjourn, David Stopak seconded the motion. Vote: 6-0

The meeting was adjourned at 10:55 p.m.

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